A retired NSW Chief Justice who will preside over a fresh inquiry into convicted baby killer Kathleen Folbigg says he will make up his own mind about new evidence that will be heard.
The NSW Attorney General ordered a second public inquiry into Kathleen Folbigg's convictions for the murders of three of her children and the manslaughter of a fourth child, after claims new scientific evidence could clear her.
Now aged 55, she was convicted in 2003 and has six years left to serve of her minimum 25-year sentence.
Retired Chief Justice Tom Bathurst QC told a directions hearing today he will put aside the findings of a 2018 inquiry because new scientific and genetic evidence has been flagged.
"Having particular regard to the genetic variant evidence … on completion I will report to the governor," he said.
"It is incumbent on me to make up my own mind."
The 2018 inquiry by retired District Court Judge, Reginald Blanch, found medical evidence presented then, only reinforced Folbigg's guilt.
Counsel assisting the new inquiry, Sophie Callan SC, said there were 19 new pieces of evidence and a group of scientists from the Australian Academy of Science were considering assisting the inquiry.
"It's an unusual inquiry promoted by new developments in genetic science," she said.
"We submit your honour must put the findings of the Blanch Inquiry aside, it is necessary for your honour to come to your own view."
If the Academy does assist, it will be the first time a body of scientists has intervened in a wrongful convictions inquiry in Australia.
A group of 90 scientists last year petitioned for Folbigg's early release, arguing there was no medical evidence she smothered the children.
They discovered two of her daughters inherited a previously unknown genetic variant from their mother, which could lead to sudden death.
Her husband Craig, who gave her diary to police before she was convicted in 2003, the DPP, Police Commissioner and NSW Health will be represented at the new inquiry which is set for November.
Folbigg's children died between 1989 and 1999.
She is convicted of murdering Patrick, at eight months, Sarah at 10 months, and Laura at 19 months. She is convicted of the manslaughter of Caleb at 19 days.
Kathleen Folbigg has always maintained they died of natural causes.
