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Newcastle Herald
Newcastle Herald

Upper Hunter child killer 'cautiously optimistic' ahead of findings

Kathleen Folbigg

Convicted child killer Kathleen Folbigg is "cautiously optimistic" as a former NSW chief justice carefully considers the evidence presented at an inquiry into her fate.

Tom Bathurst KC will soon deliver his findings in the polarising case, which was reopened to hear new evidence that could potentially clear the way for Folbigg to walk free.

The Upper Hunter mother was handed a 25-year minimum sentence after being found guilty in 2003 of three counts of murder and one of manslaughter over the deaths of her four children.

Folbigg's solicitor Rhanee Rego, who spoke to her on Thursday and was to speak to her again on Friday, says her client's state of mind was "cautiously optimistic".

"She's cautious but feels very hopeful," Ms Rego told ABC's 7.30 program on Thursday night.

Closing submissions at an inquiry into the 55-year-old mother's convictions on Thursday saw Folbigg's barrister compare his client's case with that of Lindy Chamberlain.

Gregory Woods KC said Ms Chamberlain's conviction and eventual exoneration had come about in part due to the presentation of new evidence and a series of inquiries.

"The evidence before the (2012) Morris inquiry, where Ms Chamberlain was vindicated, was significantly different to the evidence previously available to the High Court in 1984," Dr Woods told the inquiry.

"Such is the case here. Those involved at earlier stages ... did not have all the evidence, which this case has now.

"In our submission, it depends what evidence is before which court and which inquiry and at what time."

A significant body of evidence now suggests Folbigg's children died of natural causes, Mr Bathurst said during closing submissions, signalling she may be exonerated for the crimes.

Dean Jordan, representing the NSW Director of Public Prosecutions, admitted there was evidence that suggested Mr Bathurst could conclude there was a reasonable doubt to Folbigg's conviction.

Some of the evidence presented was "beyond the contemplation of science" at the time of Folbigg's original trial and fundamentally changed what prosecutors understood about her daughter's deaths.

Folbigg maintains her innocence, claiming her four children died of natural causes between 1989 and 1999.

Oral submissions to the inquiry finished on Thursday with the NSW Department of Communities and Justice confirming there will be no further hearing dates.

Opposition Leader Mark Speakman, who as the former coalition attorney-general ordered the review, declined to comment on the case.

"Given she has been convicted and had a number of attempts to overturn that conviction, I didn't think it was appropriate for me to make a judgment on that," he said on Thursday.

Premier Chris Minns also declined to comment on the DPP's revelations.

"It's important that they take place outside of the political conversation," he said on Thursday.

To see more stories and read today's paper download the Newcastle Herald news app here.

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