Convicted killer Kathleen Folbigg's lawyers have written to the NSW attorney-general asking him to seek advice on releasing her from jail early.
Retired Chief Justice Tom Bathurst KC has been conducting a judicial inquiry into Folbigg's four convictions for killing her four children.
Sarah, Laura, Patrick and Caleb, aged between 19 days and 19 months, died between 1989 and 1999 in the New South Wales Hunter region.
Folbigg has served 20 years of her 25-year sentence.
Folbigg's lawyer Rhanee Rego said the legal team had requested Attorney-General Michael Daley ask for advice from the solicitor-general on whether she can be granted a pardon or early parole.
"The law permits a pardon or early parole, and this is completely separate from the inquiry and the findings that ultimately Commissioner Bathurst will make," she said.
"Asking for early parole will not offend anything that's happening at the inquiry — it is about whether they can release Kathleen early on parole, which is conditional release.
"In theory, if it is contrary to what Mr Bathurst says that can be dealt with in an appropriate way."
Ms Rego said a pardon, while not a recognition of formal innocence, would be more final.
A barrister for the NSW Director of Public Prosecution (DPP) told the inquiry last week new scientific evidence, which "fundamentally changes our understanding of the circumstances leading to the deaths of the girls", was not available during Folbigg's 2003 trial.
Folbigg, 55, has five years remaining of a 25-year sentence, after being convicted in 2003 of three counts of murder and one of manslaughter.
Scientists have told the inquiry new evidence suggests a rare gene mutation may have caused the deaths of her daughters Laura and Sarah.
"The most critical new evidence was beyond the contemplation of science when the trial was conducted in 2003," Dean Jordan SC, barrister for the DPP, said.
"The new evidence was not available to courts that dismissed challenges in 2005 and 2007."
'The nature of things have shifted'
Ms Rego said they had made similar requests in the past, however the new evidence cast fresh light on the situation.
"The nature of things have shifted and with the submissions of counsel assisting the inquiry that a reasonable doubt can be found and the DPP indicating the new evidence … means there can be a reasonable doubt," she said.
"It's very strong and clear in our view that there is an innocent woman languishing in prison, and there is power at law that can be exercised by the attorney-general now to release Kathleen Folbigg.
"We're just asking they do the humane thing and let Kathleen come home."
Attorney-General Michael Daley declined to comment.
"It would be inappropriate to comment on the inquiry into the convictions of Kathleen Megan Folbigg at this time," he said in a statement.
"The recommendations of the inquirer, Tom Bathurst KC, will be considered once His Honour has provided his final report."
