The ex-husband of a convicted child killer will not give DNA evidence that could clear her name.
Kathleen Folbigg, 54, was convicted of the deaths of her four children and has spent the last two decades behind bars in Australia.
The mum of Patrick, Sarah, Laura and Caleb was convicted of the murder of three of them in 2003 - she was given manslaughter for Caleb's death - but evidence has now revealed her children carried a genetic problem that caused irregularities with their heart.
Folbigg's lawyers hope to prove the children died from natural causes, rather than being smothered by their mum, but Craig Folbigg is currently refusing to give a DNA sample as evidence to help the team.
Craig believes his ex-wife is guilty of the crimes she was convicted of and said financial struggles were the reason behind his refusal.
His lawyer, Danny Eid, said: "This whole inquiry was imposed on him and as the father who lost four children, he is a person who should be properly funded and represented before the inquiry.
"He has been placed in an untenable position that required me to withdraw from acting because he could not secure funding … bearing in mind that he is not a killer and even a killer is provided funding to defend themselves."
Kathleen has always insisted she is innocent and has appealed to New South Wales Attorney-General Mark Speakman who has recommended another inquiry after evidence emerged following another one in 2019.
The previous inquiry upheld her conviction, but a 2019 report looked into the significance of the mutation.
A total of 90 scientists called for Kathleen to be pardoned based on the report by scientists Carola Vinuesa and Matthew Cook.
Speakman said: "The fact that this evidence has come to light after the last inquiry, that obviously is not the fault of Ms Folbigg or her lawyers, she can't be blamed for that.
"It would be undermining confidence in the judicial process and the justice system if I as a politician recommended behind closed doors to the governor that there be a pardon, no matter how compelling Ms Folbigg's lawyers say the evidence is.
"The evidence still needs to be tested, even if protagonists say it is compelling."
Friend of Craig, Tracy Chapman, spoke of her surprise at his decision not to provide DNA evidence.
She said: "It's disappointing, but at the end of the day only Craig knows why.
"He has been told time and time again his DNA would be kept confidential, and it was not going to go on a database. You would think it would be a no-brainer."
