Prosecutors now doubt imprisoned Australian mother killed her children

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Kathleen Folbigg holds one of her diaries while appearing via video link screened at the New South Whales Coroners Court in Sydney, April 29, 2019. (Peter Rae/AAP Image via AP)
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(File photo: AFP)
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Updated 26 April 2023
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Prosecutors now doubt imprisoned Australian mother killed her children

CANBERRA: Prosecutors acknowledged to a government inquiry Wednesday that new scientific and genetic evidence left reasonable doubt that an Australian mother deliberately killed her four children 20 years after she was convicted of doing so.
A retired judge is hearing final submissions over whether Kathleen Folbigg, now 55, should be pardoned for murder and manslaughter convictions by a jury in 2003. The children died separately over a decade, at between 19 days and 19 months old, and their mother insisted their deaths were from natural causes.
New South Wales state Director of Public Prosecutions Sally Dowling made a written submission to the inquiry saying that was possible.
Dowling wrote that “on the evidence now available, it is open to the inquiry to conclude there is reasonable doubt as to Ms. Folbigg’s guilt.”
The lawyer appointed to assist former Justice Tom Bathurst in the inquiry, Sophie Callan, said she had also concluded that on the basis of the scientific and medical evidence heard since November that Folbigg was not guilty beyond reasonable doubt of three counts of murder and one of manslaughter.
“On the whole of the body of evidence before this inquiry, there is a reasonable doubt as to Ms. Folbigg’s guilt,” Callan said.
The inquiry has been adjourned until Thursday. If Bathurst finds reasonable doubt of Folbigg’s guilt, he could recommend that the state governor pardon her and could report to the Court of Criminal Appeals to consider quashing her convictions.
The previous New South Wales government ordered Bathurst’s inquiry a year ago when it rejected Folbigg’s petition for a pardon.
That petition said it was “based on significant positive evidence of natural causes of death” and signed by 90 scientists, medical practitioners and related professionals.
Folbigg is serving a 30-year prison sentence which expires in 2033. She will become eligible for parole in 2028.
Her first child, Caleb, was born in 1989 and died 19 days later in what a jury determined to be the lesser crime of manslaughter. Her second child, Patrick, was 8 months old when he died in 1991. Two years later, Sarah died at 10 months. In 1999, Folbigg’s fourth child, Laura, died at 19 months.
Evidence discovered in 2018 that both daughters carried a rare CALM2 genetic variant was one of the reasons that the inquiry was called.
Callan said expert evidence in the fields of cardiology and genetics indicated that the CALM2-G114R genetic variant “is a reasonably possible cause” of the daughters’ sudden deaths.
Myocarditis, an inflammation of the heart, was also a “reasonably possible cause” of Laura’s death, Callan said.
For Patrick, Callan said there was “persuasive expert evidence that as a matter of reasonable possibility, an underlying neurogenetic disorder” caused his sudden death.
The scientific evidence created doubt that Folbigg killed the three children and undermined the argument made in Caleb’s case that four child deaths were an improbable coincidence, Callan said.
Prosecutors had told the jury at her trial that the similarities among the deaths made coincidence an unlikely explanation.
Folbigg was the only one at home or awake when the young children died. She said she discovered three of the deaths during trips to the bathroom and one while checking on a child’s wellbeing.
Prosecutors also had told the jury that Folbigg’s diaries contained admissions of guilt.
Her former husband, Craig Folbigg, said in submissions to the inquiry that the implausibility that four children in one family would die of natural causes before the age of 2 was compelling grounds to continue treating the diary entries as admissions of his former wife’s guilt.
But Callan said psychologists and psychiatrists gave evidence that it would be “unreliable to interpret the entries in this way.”
Folbigg had been suffering a major depressive disorder and “maternal grief” when she made the entries, Callan said.
“This casts Ms. Folbigg’s expressions of guilt and responsibility for the deaths of her children in her diary entries in a very different light,” Callan said.
Folbigg made 545 pages of closing submissions that urged Bathurst to find reasonable doubt of guilt and a “strong probability of innocence,” Callan said.


California police move in to dismantle pro-Palestinian protest camp at UCLA

CHP officers walk near an encampment by supporters of Palestinians in Gaza, on the UCLA campus, in Los Angeles, California, US.
Updated 47 min 10 sec ago
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California police move in to dismantle pro-Palestinian protest camp at UCLA

  • The pre-dawn police crackdown at UCLA marked the latest flashpoint for mounting tensions on US college campuses
  • Live TV footage showed about six protesters under arrest

LOS ANGELES: Hundreds of helmeted police muscled their way into a central plaza of the University of California at Los Angeles early on Thursday to dismantle a pro-Palestinian protest camp attacked the previous night by pro-Israel supporters.
The pre-dawn police crackdown at UCLA marked the latest flashpoint for mounting tensions on US college campuses, where protests over Israel’s conduct of the war in Gaza have led to student clashes with each other and law enforcement.
Live TV footage showed about six protesters under arrest, kneeling on the ground, their hands bound behind their backs with zip-ties.
Dozens of loud explosions were heard during the clash from flash-bang charges, or stun grenades, fired by police.
Demonstrators, some carrying makeshift shields and umbrellas, sought to block the officers’ advance by their sheer numbers, while shouting, “push them back” and flashing bright lights in the eyes of the police. Others on the opposite side of the camp gave up quickly, and were seen walking away with their hands over their heads under police escort.
Around sunset on Wednesday, officers in tactical gear had begun filing onto the UCLA campus and taking up positions adjacent to a complex of tents occupied by throngs of demonstrators, live footage from the scene showed.
Local television station KABC-TV estimated 300 to 500 protesters were hunkered down inside the camp, while around 2,000 more had gathered outside the barricades in support.
But the assembled police stood by on the periphery for hours before finally starting to force their way into the encampment around 3:15 a.m. PDT (1015 GMT), tearing down barricades and arresting occupants who refused to leave. The raid was led by a phalanx of California Highway Patrol officers carrying shields and batons.
Some of the protesters had been seen donning hard hats, goggles and respirator masks in anticipation of the siege a day after the university declared the encampment unlawful.
Prior to moving in, police urged demonstrators in repeated loudspeaker announcements to clear the protest zone, which occupied a plaza about the size of a football field between the landmark twin-tower auditorium Royce Hall and the main undergraduate library.
An initial group of Los Angeles police officers who briefly entered a corner of the camp were overwhelmed by demonstrators and forced to retreat, before reinforcements arrived by the busload about an hour later.

Violent clash precedes crackdown
UCLA had canceled classes for the day on Wednesday following a violent clash between the encampment’s occupants and a group of masked counter-demonstrators who mounted a surprise assault late Tuesday night on the tent city.
The occupants of the outdoor protest camp, set up last week, had remained mostly peaceful before the melee, in which both sides traded blows and doused each other with pepper spray.
Members of the pro-Palestinian group said fireworks were thrown at them and they were beaten with bats and sticks. University officials blamed the disturbance on “instigators” and vowed an investigation.
The confrontation went on for two or three hours into early Wednesday morning before police restored order. A spokesperson for California Governor Gavin Newsom later criticized the “limited and delayed campus law enforcement response” to the unrest as “unacceptable.”
As the much-expanded police force entered the campus on Wednesday night to clear the encampment, some of the protesters were heard yelling at them, “Where were you yesterday?“
Taylor Gee, a 30-year old pro-Palestinian protester and UCLA law student, said the police action felt “especially galling” to many protesters given the slow police response a night earlier.
“For them to come out the next night to remove us from the encampment, it doesn’t make any sense, but it also makes all the sense in the world.”

Protests at schools across the US
UCLA officials said the campus, which enrolls nearly 52,000 students, including undergraduates and graduate scholars, would remain shuttered except for limited operations on Thursday and Friday.
The protests follow the Oct. 7 attack on southern Israel by Hamas militants from the Gaza Strip and the ensuing Israeli offensive on the Palestinian enclave.
Students have rallied or set up tent encampments at dozens of schools across the US in recent days, calling for an immediate ceasefire in Gaza and demanding schools divest from companies that support Israel’s government. Many of the schools have called in police to quell the protests.
The demonstrations across the country have been met with counter-protesters accusing them of fomenting anti-Jewish hatred. The pro-Palestinian side, including Jews opposed to Israeli actions in Gaza, say they are being unfairly branded as antisemitic for criticizing Israel’s government and expressing support for human rights.
The issue has taken on political overtones in the run-up to the US presidential election in November, with Republicans accusing some university administrators of turning a blind eye to antisemitic rhetoric and harassment.
Wednesday night’s police action came a day after police in New York City arrested pro-Palestinian activists who occupied a building at Columbia University and removed a tent city from the campus of the Ivy League school.
Police arrested a total of about 300 people at Columbia and City College of New York, Mayor Eric Adams said. Many of those arrested were charged with trespassing and criminal mischief.
The clashes at UCLA and in New York were part of the biggest outpouring of US student activism since the anti-racism rallies and marches of 2020.
Ninety pro-Palestinian demonstrators — students and outsiders — were arrested at Dartmouth University in New Hampshire on Wednesday, the Hanover Police Department said. They were charged with criminal trespass and resisting arrest.


Indonesia explores opportunities in Suez Canal Economic Zone

Updated 13 sec ago
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Indonesia explores opportunities in Suez Canal Economic Zone

  • Egypt is Indonesia’s top trade partner in the North African region
  • Indonesia has lately been increasing trade engagement with Egypt

JAKARTA: Indonesia is setting its sights on cooperation with the Suez Canal Economic Zone, authorities have said after a series of ministerial-level meetings in Cairo this week.

An Indonesian delegation led by Deputy Trade Minister Jerry Sambuaga met with officials from the Suez Canal Economic Zone on Sunday to explore opportunities, as Jakarta seeks to boost exports through the vital waterway that is the shortest route between Asia and Europe.

Closer cooperation with the Suez Canal Economic Zone would help Indonesia boost its exports to Egypt, as well as other parts of Africa, the Middle East, Europe and Central Asia, Sambuaga said.

“This is in keeping with the fact that more than 8 percent of global trade goes through the Suez Canal annually … We hope that in the future, Indonesia and Egypt will have stronger cooperation and we will see an increase in the export of Indonesian goods to Egypt,” the minister added.

Southeast Asia’s biggest economy has been increasing its trade engagement with Egypt, which it sees as a gateway for exports to other African countries.

Sambuaga’s trip to Cairo followed the visit of Trade Minister Zulkifli Hasan just last year, when he signed a memorandum of understanding with Egyptian Minister of Trade and Industry Ahmed Samir to form a joint trade committee to boost commercial relations.

Earlier in March, Indonesia worked alongside Malaysia to explore the possibilities of a free trade pact between the Association of Southeast Asian Nations and Egypt.

Egypt ranks third among Indonesia’s top export destinations in the Middle East and North Africa, just after the UAE and Saudi Arabia.

With bilateral trade volume worth around $1.58 billion in 2023, Egypt is Indonesia’s top trade partner in North Africa alone. Palm oil, coffee beans, and coconut oil are some of Indonesia’s main exports to Egypt.


India, UAE mark two years of free trade with 16% growth

Updated 02 May 2024
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India, UAE mark two years of free trade with 16% growth

  • Technology, innovation, and energy are main drivers behind the growth
  • UAE ambassador welcomes increase in trade as ‘resounding success story’

NEW DELHI: A broad trade and investment pact signed by India and the UAE two years ago has boosted bilateral trade by 16 percent, with India’s top business body seeing growth, especially in the innovation, energy and technology sectors.

The Comprehensive Economic Partnership Agreement was signed by India’s Commerce and Industry Minister Piyush Goyal and UAE Economy Minister Abdulla bin Touq Al-Marri in February 2022.

It has been in effect since May 1, 2022, reducing tariffs on about 80 percent of all goods and providing zero-duty access to 90 percent of Indian exports.

The pact has since significantly advanced bilateral exchanges, as they registered a year-on-year increase of more than 16 percent, according to data from the Federation of Indian Chambers of Commerce and Industry, India’s largest and oldest trade association.

“In the first two years of CEPA’s operation, trade between the two countries has grown remarkably by 16.41 percent, showing an increase of total trade from $72.87 billion in 2021-2022 to $84.84 billion in 2022-2023,” FICCI Secretary-General S.K. Pathak told Arab News.

“Most of this growth has been registered in energy, infrastructure and construction, technology and innovation, pharma and healthcare, tourism and cultural exchanges.”

The agreement made the UAE emerge as India’s key partner in the Gulf Cooperation Council region, with both countries expecting to increase the total value of bilateral trade in non-petroleum products to over $100 billion and trade in services to $15 billion by 2030.

Citing the “growing importance of the trade relations between the two countries,” Pathak said the FICCI had “set up an office in Dubai to work closely with industry and government and support business to achieve the full benefits of CEPA.”

Supported by the UAE and Indian governments, the UAE-India CEPA Council was also established earlier this year to enhance investment, trade ties, and the implementation of the pact’s rules.

The UAE Embassy in India celebrated the second anniversary of the agreement with members of the business community in Mumbai, India’s financial hub.

UAE Ambassador Abdulnasser Al-Shaali welcomed the growth in bilateral commercial exchanges as a “resounding success story,” solidifying the long-standing economic ties between the two countries.

“Over the past two years, we have witnessed remarkable growth in bilateral trade, a testament to the immense potential that exists when our complementary strengths are harnessed effectively,” he said during the event on Wednesday.

“The CEPA has not only opened new avenues for businesses to benefit from the bilateral partnership but has also fostered deeper integration of our economies, paving the way for increased investment flows and collaboration across diverse sectors.”


London mayor accuses MP of ‘Islamophobia and anti-Muslim hatred’

Updated 02 May 2024
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London mayor accuses MP of ‘Islamophobia and anti-Muslim hatred’

  • Lee Anderson recorded claiming Sadiq Khan ‘hates this country ... our heritage, our culture’
  • Anderson claims he received support from Cabinet ministers after saying Khan controlled by ‘Islamists’

LONDON: The “Islamophobia and anti-Muslim hatred” of Reform UK MP Lee Anderson is “fuelling hate crime and violent threats,” London Mayor Sadiq Khan has said in a statement.

His comments come after ITV News released a secret recording of Anderson talking to party members at an event in which he claimed Khan “hates this country ... our heritage, our culture.”

The news also follows revelations ahead of the London mayoral elections on Thursday that Conservative candidate Susan Hall has followed social media pages and groups in which other people allegedly posted racist content and abuse aimed at the Muslim mayor.

Anderson was previously deputy chair of the Conservatives, but switched parties after he was suspended by Prime Minister Rishi Sunak for claiming that Khan was under the control of “Islamists” and had “given our capital city away to his mates.”

In the ITV recording, Anderson is heard saying former Conservative colleagues had offered him support and sympathy for his words, saying senior party officials had told him “you’re saying what millions of people are thinking up and down the country.”

While not naming anyone specifically, Anderson said: “At least two Cabinet ministers contacted me to say I’d been treated poorly.”

He added: “I would never betray the confidence of my colleagues, regardless of what political party they’re in, that was sent in confidence. A lot of those people who I sit opposite are still my friends.”

Khan said: “In the past 24 hours we have seen my Tory (Conservative) mayoral opponent endorsing Facebook groups rife with antisemitism, Islamophobia and death threats against me. And now we have a former Tory party deputy chair caught on camera being racist.

“It is deeply depressing that he confirms his Islamophobia and anti-Muslim hatred was cheered on by current Tory party staff, MPs and Cabinet ministers.”

Khan added: “It’s unpatriotic to talk down modern, diverse, brilliant Britain in this way. And it has real-world consequences, fuelling hate crime and violent threats.”


What is at stake in UK local voting ahead of a looming general election

Updated 02 May 2024
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What is at stake in UK local voting ahead of a looming general election

LONDON: Millions of voters in England and Wales will cast their ballots on Thursday in an array of local elections that will be the last big test before a U.K. general election that all indicators show will see the Conservative Party ousted from power after 14 years.
Prime Minister Rishi Sunak will hope he can point to successes, notably in a couple of key mayoral races, to douse talk that the Conservative Party will change leader again before the United Kingdom's main election, which could take place as soon as next month.
On the other hand, Labour Party leader Keir Starmer will hope Thursday's local elections confirm what opinion polls have shown for two years — that Labour is on course for power for the first time since 2010.
“The national context going into these local elections is very good for Labour and very bad for the Conservatives,” said Rob Ford, professor of politics at the University of Manchester.
As is often the case in British local elections, the run-up is about expectation management, so any outperformance can be painted as a success.
That's certainly the case with the Conservatives, who are widely predicted to lose around half of the 1,000 seats they are contesting. They have pointed out, for example, that the equivalent elections were held in 2021 when the government of then Prime Minister Boris Johnson was riding high following the rollout of the coronavirus vaccines.
Thursday's elections are important in themselves — voters decide who will run many aspects of their daily lives, such as bin collections, the state of the roads and local crime prevention measures, for the coming years.
But with a general election looming, they will be viewed through a national prism.
Here are five things to know:
What's happening?
Voters in England and Wales will go to the polls for local, mayoral, and police and crime commissioner elections.
The voting is the final test of public opinion before the general election, which has to take place by January 2025 but which Sunak, who has the power to decide on the date, has indicated will be in the second half of 2024.
As well as a number of mayoral votes, including in London where Sadiq Khan is expected to win a third term, there are more than 100 elections to local councils and nearly 40 for local police and crime commissioners.
There's also a special parliamentary election in Blackpool South, a long-time Labour seat that went Conservative in the last election in 2019, when Johnson won a big victory. The results will be announced in coming days. London's mayoral result isn't due until Saturday.
No elections are taking place in Scotland or Northern Ireland, the other constituent nations of the U.K.
What's at stake for Sunak?
Potentially his job. Sunak replaced Liz Truss, who quit after 45 days following a budget of unfunded tax cuts that roiled financial markets and sent borrowing costs for homeowners surging.
Sunak, who warned about the economic implications of Truss' plan, was supposed to be a steady hand after taking the top job in October 2022. If opinion polls are right, he's not improved the Conservatives' ratings, which had even prior to Truss, been battered by the circus surrounding Johnson, who was ousted over a series of ethics scandals.
With the Conservatives seemingly headed for one of their biggest-ever electoral defeats, there's mounting speculation Sunak may face a leadership battle if Thursday's elections are really bad.
Key to his survival could be the mayoral elections in the West Midlands and Tees Valley in the northeast of England. Should Conservative mayors Andy Street and Ben Houchen hold on, he may win some respite from restive lawmakers in his party. Should both lose, he may face trouble.
Is Labour headed for power?
In historical terms, Labour has a mountain to climb if it's going to form the next government.
It's performance in 2019 was its worst since 1935. Starmer has tried to bring the party back to the center of British politics after the five-year leadership of veteran left-winger Jeremy Corbyn.
Starmer's cautious approach has clearly worked if opinion polls are anything to go by. But it's fair to say that enthusiasm levels are far lower than those that heralded the arrival of Tony Blair ahead of the 1997 general election.
That may be partly due to the more challenging economic backdrop, but Starmer, formerly a human rights lawyer, lacks the razzmatazz of his predecessor. Even so, Starmer will hope Labour notches up big wins in areas it lost under Corbyn, in the north of England and in the Midlands.
One point of concern is how many traditionally Labour supporters in Muslim communities fail to vote in protest at the party's stance over the conflict in Gaza.
Are voters being tactical?
One of the contributing factors to Blair's landslide victory in 1997 came from so-called tactical voting, whereby some voters put aside their preferred political party and back whoever they think is most likely to defeat the Conservative candidate.
Tactical voting has reemerged in recent years and could become key in the general election. It usually involves voters sympathetic to Labour in parts of the country, such as southwest England, backing the much-smaller Liberal Democrats and Liberal Democrat supporters loaning votes to Labour in the Midlands and the north of England.
Conservative lawmakers across the U.K., even in supposedly safe seats, will be hugely concerned if voters think more tactically.
Pincer from the right?
The Conservatives don't just face a challenge from the left. Reform UK is trying to outflank it from the right.
Though it is standing in a few seats, Conservatives will worry that support for the party will see Labour and others come through the middle.
Reform UK, which claims to be tougher on issues such as immigration and on Brexit, has said it won't stand aside to give incumbent Conservative lawmakers an easier chance at the general election, as its former incarnation, The Brexit Party, did in 2019. The Blackpool South special election will be particularly interesting on that front.