Lindy Chamberlain and Kathleen Folbigg were victims of a “serious miscarriages of justice”, but the two cases are actually very different, a legal expert says.
Ms Chamberlain was convicted in 1982 for murdering her baby daughter Azaria, who she always claimed was taken by a dingo.
She spent three years in jail before being pardoned, based on newly discovered evidence.
Ms Folbigg was convicted in 2003 of smothering all four of her children to death.
She languished in jail for two decades before being pardoned and released this week.
During the latest inquiry into her convictions, Ms Folbigg’s legal team asked Chief Justice Tom Bathurst to consider the Chamberlain case as a precedent, urging him to reflect on the similarities between the two cases.
The similarities
Both mothers became household names after being jailed for two of the most high-profile crimes in Australian history.
Criminologist Xanthe Mallett, who has researched both cases and met both women, said they shared another major similarity.
“They both represent serious miscarriages of justice,” Dr Mallett said.
Both women were publicly vilified during their criminal trials for their perceived lack of emotion over their children’s deaths.
Dr Mallett said in both cases, the false perception they were cold and unemotional helped convict them.
“I’ve spoken to Lindy, I’ve met Kathleen a number of times, and they’re just both stoic women, they’re not women who wear their emotions on their sleeves,” she said.
Ms Chamberlain’s lawyer Stuart Tipple, who was with her and her husband Michael Chamberlain throughout their journey for justice, has been watching Ms Folbigg’s case closely.
He agreed the way both women’s behaviour was interpreted was a common factor in their convictions.
“There are lots of parallels. I think you’ve got a situation where people interpreted her behaviour, particularly Lindy’s behaviour and demeanour .. and interpreted as her guilt,” he said.
“Kathleen Folbigg, the same thing, you’ve got people who interpreted her diary entries as confessions.”
Another thing the two women have in common, according to Mr Tipple, is the passionate supporters they both had who never gave up on them.
“Kathleen and Lindy both had the advantage of having people that just always believed in them and fought for them and not everybody has that advantage,” he said.
The differences
Dr Mallett said the evidence used to convict the women in each case was very different, therefore the reasons they were freed were also very different.
“There are a number of similarities, but the differences are very marked,” she said.
In the Chamberlain case, police searching for a missing British tourist near Uluru found Azaria’s missing jacket in an area full of dingo lairs, supporting her mother’s story.
