1

201803083 D2019/486040

Inquiry into the convictions of Kathleen Megan Folbigg

LIST OF EXHIBITS TENDERED IN THE INQUIRY

Exhibit Document Date of tender

A Governor of New South Wales, Direction

pursuant to section 77(1)(a) of the Crimes

(Appeal and Review) Act 2001 dated

22 August 2018

25 October 2018,

first directions

hearing

B Bundle of judgments:

a. R v Folbigg [2002] NSWSC 1127

b. R v Folbigg [2003] NSWCCA 17

c. Folbigg v The Queen [2003] HCATrans 589

d. R v Folbigg [2003] NSWSC 895

e. R v Folbigg [2005] NSWCCA 23

f. Folbigg v R [2005] HCATrans 657

g. Folbigg v R [2007] NSWCCA 128

h. Folbigg v R [2007] NSWCCA 371

25 October 2018,

first directions

hearing

C Expert reports of Professor Stephen Cordner

(undated) and Professor Michael Pollanen

dated 1 June 2015

12 December 2018,

second directions

hearing

2

201803083 D2019/486040

Exhibit Document Date of tender

D Jhodie R Duncan and Roger W Byard (eds), SIDS

– Sudden Infant and Early Childhood Death: The

Past, the Present and the Future (University of

Adelaide Press, 2018)

12 December 2018,

second directions

hearing

E Exhibits tendered at the 2003 trial 12 December 2018,

second directions

hearing

F

(Amended)

Complete set of trial transcripts, including voir

dire and matters heard in the absence of the

jury

12 December 2018,

second directions

hearing (evidence

before the jury

only)

11 February 2019,

fourth directions

hearing (full set

tendered)

G Further set of documents from 2003 trial 18 March 2019,

substantive

hearings relevant

to forensic

pathology and

SIDS/SUDI

H Forensic pathology tender bundle 18 March 2019,

substantive

hearings relevant

to forensic

pathology and

SIDS/SUDI

3

201803083 D2019/486040

Exhibit Document Date of tender

J Expert report of Professor Rosemary Horne

dated 10 February 2019 including CV and letter

of instruction

18 March 2019,

substantive

hearings relevant

to forensic

pathology and

SIDS/SUDI

K Expert report of Professor Dawn Elder

dated 15 February 2019 including CV and letter

of instruction

18 March 2019,

substantive

hearings relevant

to forensic

pathology and

SIDS/SUDI

L Expert report of Professor Johan Duflou

dated 13 February 2019 including CV and letter

of instruction

19 March 2019,

substantive

hearings relevant

to forensic

pathology and

SIDS/SUDI

M Expert report of Dr Allan Cala dated

26 November 2018 including CV and letter of

instruction

19 March 2019,

substantive

hearings relevant

to forensic

pathology and

SIDS/SUDI

N Further expert report of Dr Allan Cala

dated 13 February 2019 including letter of

instruction

19 March 2019,

substantive

hearings relevant

to forensic

pathology and

SIDS/SUDI

4

201803083 D2019/486040

Exhibit Document Date of tender

O Expert report of Professor John Hilton

dated 22 January 2019 including CV and letter

of instruction

19 March 2019,

substantive

hearings relevant

to forensic

pathology and

SIDS/SUDI

P Affidavit of Professor John Hilton dated

13 November 2018

19 March 2019,

substantive

hearings relevant

to forensic

pathology and

SIDS/SUDI

Q Report of Professor Stephen Cordner (undated) 12 December 2018

(first tendered at

second directions

hearing)

20 March 2019,

substantive

hearings relevant

to forensic

pathology and

SIDS/SUDI

R Letter from Professor Stephen Cordner to the

Inquiry dated 8 March 2019 including CV

21 March 2019,

substantive

hearings relevant

to forensic

pathology and

SIDS/SUDI

5

201803083 D2019/486040

Exhibit Document Date of tender

S Section of Patrick’s medical records 21 March 2019,

substantive

hearings relevant

to forensic

pathology and

SIDS/SUDI

T Report of Professor Caroline Blackwell

dated 5 March 2019 including CV and letter of

instruction

22 March 2019,

substantive

hearings relevant

to forensic

pathology and

SIDS/SUDI

U Further report of Professor Caroline Blackwell

(undated)

22 March 2019,

substantive

hearings relevant

to forensic

pathology and

SIDS/SUDI

V Further report of Professor Caroline Blackwell

dated 13 March 2019

22 March 2019,

substantive

hearings relevant

to forensic

pathology and

SIDS/SUDI

W Report of Professor Robert Clancy

dated 13 March 2019 including CV and letter of

instruction and further report

dated 17 March 2019

22 March 2019,

substantive

hearings relevant

to forensic

pathology and

SIDS/SUDI

6

201803083 D2019/486040

Exhibit Document Date of tender

X Statement of Professor William Rawlinson

(undated) including CV

22 March 2019,

substantive

hearings relevant

to forensic

pathology and

SIDS/SUDI

Y Report of Professor Jonathan Skinner

dated 31 March 2019 including CV and letter of

instruction

15 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

Z

(Amended)

Joint report of Sydney genetics team dated

29 March 2019 including CVs and letters of

instruction

15 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

AA Report of Dr Alison Colley dated

26 November 2018 including letter of

instruction

15 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

AB Report of Dr Michael Buckley dated

25 February 2019

15 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

7

201803083 D2019/486040

Exhibit Document Date of tender

AC Genetics tender bundle 15 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

AD Funnel diagram of genomic variant filtering

process for hypothesis-free WGS testing

(undated)

15 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

AE Pedigree of Kathleen Folbigg taken by Dr Arsov

dated 8 October 2018

16 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

AF

(Amended)

Joint report of Canberra genetics team dated

29 March 2019 including CVs and letters of

instruction

16 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

AG Report of Professor Carola Vinuesa dated

2 December 2018

16 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

8

201803083 D2019/486040

Exhibit Document Date of tender

AH ECG of Kathleen Folbigg dated 17 May 2011 16 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

AJ Report of Professor Monique Ryan dated

15 March 2019 including CV and letter of

instruction

17 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

AK Report of Associate Professor Michael Fahey

dated 30 March 2019 including CV and letter of

instruction

17 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

AL Neurology tender bundle 17 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

9

201803083 D2019/486040

Exhibit Document Date of tender

AM Seven reports from forensic pathologists of the

Victorian Institute of Forensic Medicine:

a. Expert report of Professor David Ranson

dated 31 December 2018

b. Expert report of Dr Yeliena Baber dated

18 January 2019

c. Expert report of Dr Joanna Glengarry

dated 3 January 2019

d. Expert report of Dr Heinrich Bouwer

dated 4 January 2019

e. Expert report of Dr Matthew Lynch

dated 8 January 2019

f. Expert report of Professor Noel Woodford

dated 18 January 2019

g. Expert report of Dr Michael Burke

31 January 2019

17 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

AN Index to literature referred to in substantive

hearings relevant to forensic pathology and

SIDS/SUDI

17 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

AO Policy Statement of the American Academy of

Pediatrics, 'Distinguishing Sudden Infant Death

Syndrome from Child Abuse Fatalities' (2001)

107(2) Pediatrics 437 (formerly trial MFI 24)

17 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

10

201803083 D2019/486040

Exhibit Document Date of tender

AP Summary of prosecution medical evidence

concerning the deaths and ALTE (formerly trial

MFI 39)

17 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

AQ Crown chronology of deaths and the ALTE for

each of the Folbigg children (formerly trial MFI

40)

17 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

AR Summary of Crown coincidence evidence

(formerly trial MFI 41)

17 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

AS Written directions and list of questions to assist

the jury (formerly trial MFI 42)

17 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

AT Further report of Professor Robert Clancy dated

27 March 2019

17 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

11

201803083 D2019/486040

Exhibit Document Date of tender

AU Report of Professor Paul Goldwater dated

29 March 2019

17 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

AV Report of Dr Kathryn Waddell-Smith dated

29 March 2019 including CV and letter of

instruction

17 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

AW Gene lists from Sydney and Canberra genetics

teams (undated)

17 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

AX Response from Professor Kirk and Dr Buckley to

joint report of Canberra genetics team dated

9 April 2019

17 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

AY Response from Canberra genetics team to

response of Professor Kirk and Dr Buckley dated

12 April 2019

17 April 2019,

substantive

hearings relevant

to genetics,

cardiology and

neurology

12

201803083 D2019/486040

Exhibit Document Date of tender

AZ Diaries tender bundle (amended to include 1992

diary of Ms Folbigg)

29 April 2019,

Ms Folbigg’s

evidence

BA Report of Dr Michael Diamond dated

16 April 2019

1 May 2019

Ms Folbigg’s

evidence

BB Report of Dr Bruce Westmore dated

16 June 2003 (formerly Exhibit 1 on sentence)

1 May 2019

Ms Folbigg’s

evidence

BC Report of Dr Yvonne Skinner dated

22 January 2003 (formerly Exhibit C on

sentence)

1 May 2019

Ms Folbigg’s

evidence

BD Report of Dr Michael Giuffrida dated

27 August 2003 (formerly Exhibit 2 on sentence)

1 May 2019

Ms Folbigg’s

evidence

BE Abdulaziz Zorgani et al, ‘Detection of Pyrogenic

Toxins of Staphylococcus aureus in Sudden

Infant Death Syndrome’ (1999) 25 FEMS

Immunology and Medical Microbiology 103

1 May 2019

Ms Folbigg’s

evidence

BF Index to literature referred to in substantive

hearings relevant to genetics, cardiology and

neurology

1 May 2019

Ms Folbigg’s

evidence

BG Statement of Craig Folbigg dated 19 April 2019 1 May 2019

Ms Folbigg’s

evidence

BH Raw test results of Kathleen Folbigg’s exercise

testing dated 18 April 2019

1 May 2019

Ms Folbigg’s

evidence

13

201803083 D2019/486040

Exhibit Document Date of tender

BJ Further report of Professor Jonathan Skinner

dated 24 April 2019

1 May 2019

Ms Folbigg’s

evidence

BK Letter from Professor Jonathan Skinner

dated 30 April 2019

1 May 2019

Ms Folbigg’s

evidence

BL Report of Associate Professor Hariharan Raju

dated 18 April 2019

1 May 2019

Ms Folbigg’s

evidence

BM Report of Dr David Drucker dated

18 February 2003 including letter of instruction

1 May 2019

Ms Folbigg’s

evidence

BN Diary entries relating to Caleb Folbigg dated

24 May 1989 and 18 July 1989

1 May 2019

Ms Folbigg’s

evidence

14

201803083 D2019/486040

Exhibit Document Date of tender

BO Listening device transcripts

(annexed to Exhibit BS):

a. Transcription Number 1 - 22 July 1999,

Master Tape L26

b. Transcription Number 2 - 23 July 1999,

Master Tape B28

c. Transcription Number 3 - 23 July 1999,

Master Tape L30

d. Transcription Number 4 - 24 July 1999,

Master Tape B30 7:53am

e. Transcription Number 5 - 24 July 1999,

Master Tape L30 8:02am

f. Transcription Number 6 - 26 July 1999,

Master Tape L40

g. Transcription Number 7 - 27 July 1999,

Master Tape L46

Post hearings

BP Laura’s Blue Book dated 22 August 1997 – 1

June 1998

Post hearings

BQ Statement of Detective Senior Constable Glen

Ward dated 14 December 1999 annexing

41 x photographs

Post hearings

BR Report of Dr Michael Giuffrida dated

10 May 2019 including CV and letter of

instruction

Post hearings

BS Statement of Detective Senior Constable

Bernard Ryan dated 19 November 1999

Post hearings

15

201803083 D2019/486040

Exhibit Document Date of tender

BT Letter from Professor Peter Schwartz to

Professor Carola Vinuesa dated 20 June 2019

Post hearings

BU Lia Crotti et al ‘Calmodulin Mutations and

Life-Threatening Cardiac Arrhythmias: Insights

from the International Calmodulinopathy

Registry’ (2019) European Heart Journal

(advance)

Post hearings

BV Supplementary report of Professor Jonathan

Skinner, Professor Edwin Kirk and Dr Michael

Buckley dated 5 July 2019

Post hearings

BW Response from Professor Carola Vinuesa,

Dr Todor Arsov, Professor Peter Schwartz,

Professor Matthew Cook and

Professor Michael Overgaard to supplementary

report of Professors Skinner, Kirk and Dr Buckley

dated 11 July 2019

Post hearings

BX Crown Notice of coincidence evidence dated

24 October 2002

Post hearings

BY Crown Notice of tendency evidence dated

24 October 2002

Post hearings

BZ Letter from Dr Christopher Seton to

Dr David Sanders dated 30 April 1998

Post hearings

CA Letter from Dr Christopher Seton to

Dr Quentin King dated 27 August 1997

Post hearings

CB Transcript of first meeting with expert

geneticists dated 10 December 2018

Post hearings

CC Transcript of second meeting with expert

geneticists dated 4 February 2019

Post hearings

16

201803083 D2019/486040

Exhibit Document Date of tender

CD Emails exchanged between Professor Skinner

and Professor Vinuesa on

11 and 12 February 2019

Post hearings

CE Letter from Dr Allan Cala to Ms Jane Culver,

Office of the Director for Public Prosecutions

dated 19 March 2003

Post hearings