Chamberlain flags jury change after Folbigg pardon
Lindy Chamberlain-Creighton wants juries to be allowed to lean on a panel of impartial experts in complex cases after watching another mother wrongly convicted, then pardoned.
Kathleen Folbigg was granted an extraordinary pardon in June, two decades after a jury found her guilty of three counts of murder and one of manslaughter over the deaths of her four babies.
Advancements in science and a coalition of leading scientists eventually led NSWâs former chief justice to find reasonable doubt about her guilt.
In her first comments since Folbiggâs pardon, Chamberlain-Creighton told The Australian Womenâs Weekly science was over the head of the average person sitting on a jury.
She said Folbiggâs case had once again âreally slapped this (gap in understanding) in the publicâs faceâ.
âWeâre giving juries very complex tertiary and even PhD-level forensics to decipher and decide whether a person is guilty or innocent,â she said in the magazineâs November edition, published on Thursday.
âItâs not their fault if they get it wrong.â
Chamberlain-Creighton spent four years in prison for the 1980 murder of her baby Azaria until the girlâs jacket was found in a dingo lair near Uluru, torpedoing the prosecution case.
Folbigg waited even longer for freedom, despite protests of her innocence and the emerging understanding of some extremely rare genetic disorders afflicting two of her children being known during a conviction review in 2019.
It took until a second review in 2023, headed by former NSW chief justice Thomas Bathurst, for authorities to accept the former Hunter Valley hospitality workerâs guilt was far from watertight.
Chamberlain-Creighton called for juries to have access to a panel of impartial experts in complex cases to advise on the validity of the evidence.
Panels of experts are sometimes used in criminal court cases and are bound to give truthful evidence but those experts are often called by the prosecution or defence to suit their respective cases.
âA lot of people think that if you go to court and tell the whole truth and nothing but the truth, youâll be believed, justice will be served,â Chamberlain-Creighton said.
âBut thatâs not the way it works.â
-AAP








