The judicial process gave weight to circumstantial evidence over scientific evidence. Photo / File
The judicial process gave weight to circumstantial evidence over scientific evidence. Photo / File
Assumptions contribute to our daily decisions; they also inform the opinions we develop and communicate to others.
Basing an assumption on knowledge previously gained can be lifesaving. Assuming a speeding car will not slow down prevents an individual from stepping off the curb.
Assumptions can also prevent the required cognitionoccurring that enhances the potential for drawing valid conclusions.
In Australia in 2003 Kathleen Folbigg was jailed for 30 years for the killing of her four children.
Several unsuccessful appeals were made before an inquiry in 2019 found "the only conclusion reasonably open is that someone intentionally caused harm to the children and smothering was the obvious method", the judge stated.
This was despite a Melbourne pathologist writing in 2015 there was reasonable doubt as to her guilt as there were no signs of smothering.
The judicial process gave weight to circumstantial evidence over scientific evidence.
In my opinion, an assumption made resulted in Kathleen spending 18 years in prison.
