Australian True Crime – "Meadow’s Law: How Kathleen Folbigg Was Wrongfully Convicted"

Podcast: Australian True Crime
Host: Meshel Laurie (A) with guest host Dr. Xanthi Mallett and guest journalist Quintin McDermott (B)
Air Date: August 7, 2025

Episode Overview

This episode delves into the controversial conviction and eventual exoneration of Kathleen Folbigg, long labeled "Australia’s worst female serial killer" after being convicted in 2003 of killing her four children. Host Meshel Laurie, criminologist and forensic anthropologist Dr. Xanthi Mallett, and investigative journalist Quintin McDermott discuss the flawed expert testimony, the infamous "Meadow’s Law" theory, the role of confirmation bias and misapplied statistics, and the pivotal genetic discoveries that led to Folbigg’s pardon and acquittal. McDermott also introduces his new book, Meadow’s Law, which examines this miscarriage of justice and its roots in dubious expert evidence.

Key Discussion Points & Insights

1. Origins of Interest: The Tedeschi Connection & Folbigg’s Case

• McDermott’s involvement began with scrutiny of cases prosecuted by Mark Tedeschi, notably the Gordon Wood trial.
  • After Wood’s acquittal and criticism of Tedeschi, McDermott was encouraged to look into other Tedeschi cases, including Folbigg's ([06:00]).
• Folbigg was convicted and given a 30-year sentence; public and political sentiment made her case "too hot to touch."
  • "It took a long time for that kind of rhetoric around the case to change... she was, you know, Australia’s worst female serial killer." – Laurie ([07:41])

2. Turning Point: Investigative Journalism and the 2018 Inquiry

• McDermott’s Australian Story episode in 2018 sparked renewed interest; nine days later, an inquiry was announced by NSW Attorney General Mark Speakman.
  • "On my recommendation, His Excellency the Governor has today directed an inquiry into Ms Folbigg’s convictions..." – Speakman ([08:43])
• A young lawyer, Dave Wallace, recognizing the potential for a genetic cause, involved Professor Carola Vinuesa, leading to crucial scientific investigations ([10:50]).

3. Meadow’s Law: Discredited But Still Deadly

• Dr. Mallett explains Meadow’s Law and her own introduction to the issue through research in the UK ([11:17]):
  • Sir Roy Meadow, a British pediatrician, theorized that one child’s death in a family is a tragedy, two is suspicious, three "is murder until proven otherwise."
• Despite Meadow’s discrediting after multiple UK miscarriages of justice (notably Sally Clark), his framework persisted in Australia ([13:33]).
• "It frankly horrified me his name was still being used in child death cases..." – Mallett ([11:49])

4. The Flawed Statistics That Built a Case

• Discussion of how Meadow and other experts misused independent probability to make natural deaths seem impossibly rare, inflating suspicion of murder.
  • Professor Ray Hill showed triple infant cot deaths outweigh triple murders by about 2 to 1 ([16:54]).
  • "Actually, it's twice as likely they die of natural causes than be murdered." – Laurie ([18:22])
• Mallett details how the statistical error (treating deaths as independent) drove wrongful convictions:
  • "That stupid mistake... is what led to Meadows Law and led to a number of women being prosecuted and going to prison." ([19:08])

5. Confirmation Bias and Expert Failures

• Forensic pathologists and expert witnesses let knowledge of previous deaths and court context bias their conclusions.
  • Professor Carla, who did Laura Folbigg’s post-mortem, allegedly would have called the death natural but was swayed by the family’s history ([21:21]).
• The use of Folbigg’s diaries:
  • Selectively quoted at trial to insinuate guilt, but never clearly expressing intent to harm ([22:41]).
  • "Nowhere in those diaries does Kath ever say that she intentionally harmed those children." – Mallett ([23:02])
• The defense presented no psychological or psychiatric experts at trial to offer alternative explanations for Folbigg’s diary entries or reactions as a grieving mother ([24:06]).

6. Legal Process: Two Inquiries and Growing Scientific Consensus

• The first inquiry (2018) led by Reginald Blanche was widely seen as perfunctory and hostile, with aggressive questioning of Folbigg and dismissive handling of scientific evidence ([26:29]-[31:06]).
  • "It did not feel that it was an attempt to get to the truth... it was so unusual." – Mallett ([28:56])
• Blanche upheld the conviction: "the evidence he had heard at the inquiry reinforced her guilt." ([34:14])
• The turning point:
  • International scientists, led by Professor Vinuesa, identified a calmodulin genetic mutation (CALM2G114R) in Folbigg’s daughters, strongly linked to sudden cardiac death.
  • "Now, if you take the two girls out of the mix... you don’t have a pattern anymore which supports that Cath murdered these four children..." – Mallett ([37:38])
• A second, more objective inquiry (2022–2023) concluded there was reasonable doubt, leading to Folbigg’s pardon and eventual acquittal.
  • "She became, in the eyes of the law, an innocent woman." – McDermott ([43:35])

7. Enduring Impact of Miscarriage: Systemic Failings and Personal Loss

• Despite exoneration, public skepticism lingers. McDermott and Mallett express frustration that large parts of society still harbor doubts about Folbigg’s innocence ([54:48]).
• McDermott critiques the criminal justice system’s resistance to admitting error, suppression of key evidence, and the prosecutorial culture favoring conviction over the pursuit of truth.
  • "The criminal justice system as a whole in New South Wales did everything it could to keep her behind bars." ([53:59])
• Folbigg’s own statement upon release:
  • "I am grateful that updated science and genetics has given me answers as to how my children died. For almost a quarter of a century, I faced disbelief and hostility. I suffered abuse in all its forms, but not anymore." – Folbigg ([44:05])

8. Memorable Quotes & Revelations

On prosecution tactics:

• "He said... pigs might fly... this is not literally not possible. And of course, that isn’t the case..." – McDermott, on Tedeschi’s summing-up ([46:39])

On catastrophic consequences:

• "Sally Clark ... was a grieving mother imprisoned, and as a result, she basically drank herself to death. She died of alcohol poisoning in 2007. And that, to me, that is on Sir Roy Meadows..." – Mallett ([14:54])

On suppressed evidence:

• "All night I’ve been thinking, maybe I killed the kids." – Craig Folbigg, secretly recorded, which was suppressed as trial evidence ([49:05])

On hope and regret:

• "But you and I both know long before this ... there was always reasonable doubt. This case is so infuriating, it should never have gone to court." – Mallett ([44:29])

Timeline of Key Segments (Timestamps)

• 00:00–05:20: Host and guest introductions; context on Folbigg’s case
• 05:20–10:50: McDermott’s interest and investigative timeline; background on Tedeschi’s prosecutorial history
• 11:17–16:54: Discussion of Meadow’s Law, its origins, and its flawed logic
• 16:54–21:23: Use and misuse of statistics in infanticide cases; pathologists’ bias
• 22:41–24:57: The misrepresentation and significance of Folbigg’s diaries
• 24:57–34:45: First inquiry—faulty process, prosecution’s stance, and scientific pushback
• 35:00–43:53: Discovery of genetic evidence, international support, second inquiry, ultimate acquittal
• 44:05–47:56: Folbigg’s statement on release; final critiques of prosecutorial and system failures
• 47:56–53:59: Revelations about suppressed evidence; what went unheard in trial and inquiries
• 54:48–55:41: Public perception and ongoing skepticism

Notable Quotes (Speaker Attribution & Timestamp)

• "It took a long time for that kind of rhetoric around the case to change... she was, you know, Australia’s worst female serial killer."
  — Meshel Laurie ([07:41])

• "Nowhere in those diaries does Kath ever say that she intentionally harmed those children."
  — Dr. Xanthi Mallett ([23:02])

• "That stupid mistake... is what led to Meadows Law and led to a number of women being prosecuted and going to prison."
  — Dr. Xanthi Mallett ([19:08])

• "On my recommendation, His Excellency the Governor has today directed an inquiry into Ms Folbigg’s convictions..."
  — Mark Speakman, NSW Attorney General ([08:43])

• "She became, in the eyes of the law, an innocent woman."
  — Quintin McDermott ([43:35])

• "I suffered abuse in all its forms, but not anymore."
  — Kathleen Folbigg ([44:05])

Conclusion & Tone

The discussion is driven by a committed pursuit of truth and justice, combining journalistic doggedness with compassionate forensic scrutiny. Both Dr. Mallett and McDermott express deep frustration with systemic failings and a cautious optimism that science and advocacy can—but only with diligence—prevent future miscarriages of justice.

“But you and I both know long before this... there was always reasonable doubt. This case is so infuriating, it should never have gone to court.” — Dr. Xanthi Mallett ([44:29])

Further Resources

• Meadow’s Law by Quintin McDermott (2025)
• Attend the Bad Sydney Crime Writers Festival to meet Quintin McDermott ([55:09])

For those interested in wrongful convictions, the intersections of science and law, and the dangers of expert dogma, this episode provides vital context and compelling firsthand insights.