EXHIBIT BO - folbigginquiry.justice.nsw.gov.au

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EXHIBIT BO

Transcript of EXHIBIT BO - folbigginquiry.justice.nsw.gov.au

EXHIBIT BO

TRANSCRIPTION NUMBER 1 OF LISTENING DEVICE (LOUNGE) AT 8 MI-LLARD CLOSE, SINGLETON

Date: __ ~2.7;. 99

Time: 2215

MASTER TAPE L26

TRACK 1 OF -COMPACT DISC 1 OF 2.

Kathy: I just thought I'd tell you that even though I'm writin' in this diary I've decided that if you want to read it you can ..... being getting in the habit of writing in the diary and then not tell you about it ....

Craig: But if I read it you can't write .. but if .. if you know I'm going to read it or I do read it wont that colour the way you write in it.

Kathy: anyway.

No cause ...... I talk to you about personal things

Craig: Yes I mean .. okay see it's not ...

Kathy: Cause I do ..... secrets ..

Craig: Top secrets.

TRANSCRIPTION NUMBER 2 OF LISTENING DEVICE (BEDROOM) AT 8 MILLARD CLOSE, SINGLETON

Date: 23.7.99 Time: 2140

MASTER TAPE B28

TRACK 3 - ~OMPACT DISC 1 OF 2

CONVERSATION BETWEEN CRAIG AND KATHY FOLBIGG RE DIARY POLICE FOUND DURING SEARCH WARRANT.

Craig: I came home to get the diary and, and take it back to work and I couldn't find it.

Kathy: ..... 1 couldn't find it and they found it ... and I've gone, I didn't have it so ....... .

TRANSCRIPTION NUMBER 3 OF LISTENING DEVICE (LOUNGE) AT 8 MILLARD CLOSE, SINGLETON

Date: 23.7.99 Time: 2212

MASTER TAPE LOUNGE 30

TRACK 4 - COMPACT DISC 1 OF 2.

Kathy: If it gets interpreted wrong from there then .. can't be helped or at least I know I've sort of (pause). Lee said, I said to Lee, look what ever they asked you just tell 'em. I don't to have it come back to me saying why would your sister be protecting you about this or said I could probably handle and deal better if I if they say your sister said this why did she say this, I would be able to combat that better than turn around and say well why did your sister say something about this and try and think as to why Lee would have mentioned something or, she said no if they ask a question I'll just answer 'em, she said what do you think they'll ask me, I said they'll ask you about Craig's and my relationship they'll probably go right back to when I was a kid, well like I said she said she already warned the, she already warned the detective guy that was comin' to talk to her she that she doesn't think that it's a good idea that they talk to mum. Pret ty much told 'em they wont get a good thing out of her about Kath, and she just said she told .... that she was really upset after when the detective rung her and she was really upset that all this was getting dragged back up again and you know, she said to . .. once they speak to ..... that's a nail in Kath's coffin. Which is what I've been thinking, tell your sel f how you come she should have rung mum and said I'm not gunna give her pre-warning that she could have a decent go at Kath for, you know. Of course talking to Lee that she's goin' to discover that it will eventually all turn around to how it effects her, you know it'll be why they, it'll end up being why are they doing it to her, not, this detective guy was supposed to have said to her we'll be able to tell if .. being like that, ... 1 said this is a woman who is seventy five like, now I said she's had fuckin' fifty odd years of tellin' people one thing and it really meaning another, I said I don't think they'll have ever meet a person that's better trained at it than she is. Making out that ya know, a situation's one way when it is really another. She said, she said to the detective, why do you have to come here, why didn't you fly me down there, I could have had a holiday. You know that sort of thing, turned around and said you might just end up down here Mrs Bown (laugh) I said to Lee yeah great.... that's what their talking about which tells me that their fully planning to go after me and take it to Court and (pause). So Lee said, didn't the Coroner say that they excluded all that suffocation and any physical harm and I said and that's what we were told, well obviously what we've been told and what Police have been told are two totally different things. I wish I could just turn my brain off now and go to sleep .......... .

Craig: (inaudible)

(2)

Kathy: You (pause) . How'm I supposed t o g o al ong with day to day life now knowing tha t their pro bably n ext d o o r . .. . she see's who, any body that I do see c ould be pulled aside and ask e d all sorts of quest ions about me and (pause). Lee said something along the lines of, about the when I said to .. you'll probably .... tell 'em I've been snappy back ... their love, she .mentioned the walls that I bring up. I said Lee prime example now as to why I shouldn't drop the fuckin' walls because I dropped them enough just to write stuff and now it's comin' back to bite me in the arse, how much more proof do I need? I used to put the walls up to protect myself . . .. . . to protect myself from this .... I don't wanna put it up ... if I put a wall up again, then I'll fuck up ..... about walls .... alarm bells goin' off in my head like you wouldn't believe, that's what you get from talking and confiding what you get for wri ting any errors you thought with yourself .... doing any of it that's what you get. How my supposed to stop that thought?

Craig: (inaudible)

Kathy: (inaudible) .. (pause) Bernie said somethin' about the night Sarah died ... I recalled that I put her to bed . . to bed okay and the major difference between what you said and what I had totally forgotten about tryin' to put her to bed in the room and you come in and you confronted me cause she wouldn't go to sleep, I wasn't totally ... had a go at me .. and than something along the lines of you said that I had walked into the lounge room and threw her at you. My first response was that I never threw my children any where thank you very much. Um and then I basically had to say I don't remember a conversation and I don't remember even doing that.

Craig: Yeah I, I mean I can remember the night but ah she wouldn't go to sleep so I walked up the hallway .... and then I just told ... 1 mean that they are interpreting the words throw from what I said, I, I was sitting on the lounge and you were about a foot away from the edge of the lounge and just went to . . . and ah then you went to bed, and I sat up . ... and then you came in ....

Kathy: They kept going on about was it a battle of wills and I said Yeah I s'pose it was, I mean but she always got to win the end. You know it wasn't a battle of wills to the point where I must win , so therefore I will win. It was a battle of wills to get her to realise that it was bed time, and time to go to sleep. I said in the end she would win, and I decided that okay fine you dealt with her and I went to bed for a while. I kept trying to explain that was what it was like, and they kept just throwing it in my face that it must have been stress frustration.battle of wills with her and all this sort of . . starting to you know. (pause) Something about what the problem is ... he said I said urn go away or something or other and I explained that he he had an innate ability to walk in and see what the problem was just when I was on the verge of getting her to go to sleep, and I explained that as soon as you walked in the room and opened your mouth and spoke

(3)

she was bang wide awake again, and I told you to go away cause I had to start again, you know, and I don't remember anything after that, I don't remember anything else about the conversation, but as soon as they said oh you threw her at you my first response was I don't throw my children anywhere thank you. totally don't recall or remember Laura .. the conversation with Laura that morning.

Craig: I don't think, I don't think he ... to tell you the truth ...

Kathy: (inaudible)

Craig: Well how do you figure that?

Kathy: Well things I've left out, things that I've forgotten, conversations that they regard as should be important in my life I have forgotten totally, can't recall and can't remember, you know, don't remember standing here in the doorway holding my head and screaming. Do remember looking down and my daughter was scared shitless. That's when I said well if I'd been screaming it would've been the loudest that she's ever heard me, so therefore yeah she would have been shit scared of me. I just, my memory's gunna be my downfall when it come to times and.

Craig: Well you don't wear a watch.

Kathy: I know and it's gunna go against me now.

Craig: Not wearin' a watch.

Kathy: Not taking notice, of what fuckin' times things happen all the time. Being out by half hour here or twenty minutes there, is now going to be a weapon of some kind for them. (pause) In the interview it started to get the better of me in the end of the day and I'd burst into tears. Get myself under control and think great are they gunna think that I show or a weak thing I've done or then you start si ttin' there thinkin' Jesus did I cry in the right place or not cry. You'd be surprised what you sit there and think when they actually leave you alone for a while.

Craig: Yeah.

Kathy: Did I cry in the right spot, you know was I sounding pathetic enough for them, you know just stupid friggin' shit like that.

Craig: What, what, what sort of things did he say make you cry?

Kathy: Oh, talking about Patrick seemed to make me cry ... I tried to explain that everything that we did how I looked after him the whole lot, we were tryin' so hard to keep him with us, cause when I said that I burst into tears .... then it

(4)

all got turned around along the lines that caring for Patrick was all to much for me, you know. The frustration, was there frustration in looking after him. Well yes when I couldn' t figure out what it was that he actually wanted at some stage. I had to say if Patrick's .... was a bit more difficult, because he couldn't see he couldn't point, he couldn't suggest at what it .was that he was after, so it was a twenty question mUltiple choice situation if he was upset for some reason, try to figure out why he was upset. So yeah there was frustration if you couldn't get it fast enough for him or try to figure out what it was he was actually after. I said with Laura if she got upset she cried, um it usually didn't take long for me to figure out what she was after. So how did you handle it when she cried? That was when they close to the point of asking me did I kill them did I, all that sort of thing. I said with Laura it was, I had changed, I thought I'd changed a fair bit on how I was thinkin', when she cried or wanted something it was usually run down a list and try and figure out that it wasn't anything 'majorly' physical that was making her cry, it would be food, nappy that sort of, drinks that sort of thing and then go from there. At the age that she was close to her death it was, it was more along the lines of a particular toy something particular she wanted to do, a video or you know I said but nine times out of ten I'd figure out what she was after and she'd calm down pretty much straight away. They're just making it all seem like I was--- II

Craig: Frustrated.

Kathy: Yeah, all the time, they're gunna make it seem like my references to wanting to leave you and the kids, which happened, they made it sound like it happened extremely regularly. Had four kids, Is' pose three out of those four times I suggested some where along the line that I leave. But I tried to explain that I thought that was, you know I, I'd say that I thought that would be better for the kids and that was - what did you mean by that. You know, how do ya, I can't explain that.

Craig: Well did you explain that the frustrations weren't necessarily motherhood but relationship.

Kathy: Yeah, ---

Craig: Marriage.

Kathy: ---anytime I said it was a frustration or, or I was under stress at any time, it, it, it related to maybe you sleeping too heavily, and me getting the shits, um you know, yeah, not helping and they turned that around you know makin' it sound like I was in a situation where I was frustrated and stressed all the time because I was the sole care giver and I was wi th a partner who didn' t seem to want to help out that much, you know Ha.

Craig: Well why would you keep bearing children to that

(5 )

partner? If that's what your partner was like?

Kathy: Well I said to Lee obvious they think I've got Munchausen .... they think you, disorder of some kind. Obviously I'd get pregnant for the attention, have children for the attention, and kill 'em for the attention. From what I can gat~er that must be where they're aiming. You know.

Craig: For someone who does ... someone who ....

Kathy: Well .... and that'll be in my favour. All that sort of thing is now gunna have to be told to him, ... so that when they suggest that, we can turn around and shoot 'em down in flames. . .. It's really bad state of affairs, I'm totally disgusted with the fact that I'm now gunna look like that. He said to me like you will---

Craig: In the whole time you were at Baby Co, around all them pregnant people, did you ever mention that you had lost four kids or three kids?

Kathy: No, a couple of times .... I still get, it wasn't long ago when a lady at the gym ... finally showed her face again, back ... after being over in Western Australia, after she first come back it wasn't that long ago, probably not even a month or so. The first thing she did was come over to me and say why I'm really sorry I heard what happened, I was so uncomfortable .. someone who gets off on that sort of attention, would strike me as lapping it up, and wanting to hear more, you know.

Craig: That's where you and I differ, ..... you have more self respect than I do.have. I assume ..... in that situation where I always seem to readily offer it.

Kathy: .. inaudible ..

Craig: .. . inaudible ...... and I, I sometimes wish .... I tell people .. I don't now if that's the way I think.

Kathy: That doesn't mean that I don't regret.

Craig: How would it if you don't tell em? How do you know if you don't test em. Like I said to you, get you out of the flat, you said no .... there's no way I'm gunna ... and what do you do you rang 'ere and you said money's tight, times have dropped off, like hours have dropped off can you help me out. It was me that voiced the ... you know, go the heart strings, tell 'em why you got there and why you want out, you, you know you, its back to you .... the ... time I don't tell a stranger, someone I've never met before about the kids is when I'm with you. Cause I don't bring it up. . .People, the other night, when I went d own the other night, these people just seemed quiet happy .... and looking at his car and waffling on with shi t and so I said look I don't ..... I want to go home ah I want to go home to my wife, we lost our daughter a couple

(6 )

The woman at home, break it

months ago and I don't want her to be on her own. went, "Oh what happen?" I said .... and so ring you these a total stranger. See,I used that situation to off, break away, you know but I did want to come home.

General convo.

TRANSCRIPTION NUMBER 4 OF LISTENING DEVICE (BEDROOM) AT 8 MILLARD CLOSE, SINGLETON

Date: 24.7.99 Time: 0753

MASTER TAPE B30.

MRS FOLBIGG ENTERS BEDROOM AND APPEARS TO OPEN A CUPBOARD OR DRAWER CAUSING A LOUD NOISE.

Kathy: "I should have fucking done what I was gunna do, stuck it underneath that".

Police believe Mrs FOLBIGG was talking about the diary police found during the search warrant.

TRANSCRIPTION NUMBER 5 OF LISTENING DEVICE (BEDROOM) AT 8 MILLARD CLOSE, SINGLETON

Date: 24.7.99

Time: 8.02am

MASTER TAPE B30

TRACK 1 AND 2 - COMPACT DISC 2 OF 2

MRS FOLBIGG IS IN THE BEDROOM OF THE PREMISES TALKING/WHISPERING IN WHAT APPEARS TO BE AN AMERICAN SHE IS ALONE IN THE HOUSE AND APPEARS TO BE ACTING ROLES OF A WITNESS AND LAWYER RELATING TO THIS CASE.

Your honour ...... .

The opposition say that .. do you actually know ..

AND IS ACCENT. OUT THE

She's quite the gossipiest .. she's quite the gossipiest ... no doubt .. discuss ...

Reply: Ah alright understood, alright thankyou understood ..

You actually know my client ...... .

Reply: ........ Yes I knew her, I've seen her there.

Okay, what have you heard of my client ... ?

Reply: She's a very nice person urn if she treated me ... nice person .. got her as a nicer person... Yes she strikes me as one, yes she strikes me as one.

Considering that you actually know her .. do you think that you are capable of an unbiased report considering ...... . circumstantial at the best. Attempting to accuse my client of murdering all four of her children. What are your thoughts on that?

Reply: Urn I don't have thoughts on that. I don't have thoughts on that.

Urn does she strike you as sort of a person that would considering that you do know her slightly?

Reply: No she doesn't, but it's not to say that I won't see the other side and change my mind. It's not to say that I wouldn't see the other side and change my mind.

Can you give ... moment please.

APPEARS TO BE WHISPERING TO A FICTITIOUS THIRD PARTY INAUDIBLE .

... . Do you like to talk .. are you likely to ... with anybody at

all ... Do you realise discussing with any family members including husband is not allowed.

Reply: Yes I know that. understandable ....

Yes I know that and that I s fully

REMAINDER OF CONVERSATION INAUDIBLE

Time: 8.08am

TRANSCRIPTION NUMBER 6 OF LISTENING DEVICE (LOUNGE) AT 8 MILLARD CLOSE, SINGLETON

Date: 26.7.99 Time: 0731

MASTER TAPE LOUNGE 40

(2 )

(3 )

(4)

BAD ENOUGH HE'S GOING FOR ONE OF US, I NOT HAVING HIM GOING AFTER YOU."

CRAIG: "I DON'T WANT HIM GOING AFTER YOU FOR SOMETHING YOU DIDN'T DO. YOU AND I KNOW, I KNOW YOU DIDN'T DO IT LIKE YOU KNOW I DIDN'T DO IT. BUT GET THIS SICK PACK OF PRICKS TO, YOU KNOW ..... . WHAT WE'RE DOING NOW IS WHAT HE WANTS US TO DO, SIT HERE AND HAVE FACTIONAL FIGHTS INSTEAD OF JOINT COHESIVE SUPPORT, ALL THE, I REALLY ONLY WANTED TO PROPOSE ALL THAT TO YOU, TO SHOW YOU THAT YOUR NOT A WICKED PERSON EITHER, I CAN BE A WICKED PERSON I CAN BE A DEVIATE PERSON, THATS HOW I SELL MOTOR CARS, I USE WHAT EVER I CAN TO MY ADVANTAGE TO SELL A MOTOR CAR, WHETHER ITS MY CHILDREN LIVES OR MY CHILDRENS DEATHS. WHEN LAURA WAS ALIVE I USED THE FACT THAT SHE WAS ALIVE AND PART OF MY LIFE AS AN ADVANTAGE TO SELL A MOTOR CAR, LAURA DIED I USED THAT AS AN ADVANTAGE TO SELL A MOTOR CAR. II

KATHY: "THE ONLY DIFFERENCE IS LIKE THEIR GOT DIARIES OF MINE THAT HAVE SUSPICIOUS THAT THEY RECKON ENTRIES IN IT."

CRAIG: " NO. "

KATHY: IIAND THE ONLY OTHER THING IS THEY KNOW THAT YOU ARE LOVE AND PROTECT ME AND YOU WOULD COME UP WITH THAT SCENARIO AND THEY GO LOOK YOU IN THE FACE AND JUST SAY YOU WELL YOUR ONLY JUST PROTECTING YOUR WIFE. WE DON'T BELIEVE YOU. THEY'RE GOING TO BELIEVE YOUR WIFE HAS TO PUT YOU UP TO IT. ITS ALL GOING TO TURN AROUND, YOU KNOW, YEAH PUT THAT SCENARIO TO THEM, WHEN PUSH COMES TO CRUNCH, AND THE CORONERS DECIDES THAT I'M GOING TO BE ARRESTED ON THE SPOT, IF YOU WERE TO TURN AROUND AND TELL JEFF AND SAY PUT THIS ARGUMENT TO THEM TO TAKE THE SUSPICION OFF KATH, THEY WON'T BELIEVE YOU, THEY'RE GONNA TURN AROUND AND SAY NOT THIS IS A LAST MINUTE DITCH EFFORT BY YOU TO GET YOUR WIFE OF THE HOOK. YOU SEE WHAT I'M GETTING AT. II

CRAIG: IIYEAH BUT."

KATHY: "AND THEN IT WILL BE, YOUR WIFE MUST HAVE PLANTED ALL THIS IN YOUR HEAD AND PUT YOU UP TO IT."

CRAIG: "YEAH BUT, BUT I WASN'T THINKING OF PUTTING IT TO THEM. II

KATHY: "THANK GOD FOR THAT. THATS WHY I SAID, I DON'T WANT TO HEAR THIS CONVERSATION ANYMORE."

CRAIG: "YEAH NO, I WASN'T, WHAT I'VE BEEN DOING ALL WEEKEND IS RATIONALISING WHERE THIS IDIOT GOTS US UP TO, WHAT HE'S TRYING TO DO."

KATHY: "ALRIGHT. "

CRAIG: "RIGHT.

KATHY: "THANK GOD FOR THAT."

(5 )

CRAIG: "HE'S TRYING TO GET YOU ON ON LIKE I SAID, MAKE YOU OUT TO BE A FRIGHTEN, TURN YOU INTO A FRIGHTENED RABBIT. YOU KNOW. "

GENERAL CONVO.

Time: 0746

TRANSCRIPTION NUMBER 7 OF LISTENING DEVICE (LOUNGE) AT 8 MILLARD CLOSE, SINGLETON

Date: 27.7.99 Time: 1912

MASTER TAPE LOUNGE L46

CRAIG HAS . TELEPHONE CONVO WITH HIS SISTER CAROL. (SEE TI TRANSCRIPT AT0002)

THEN TALKS WITH KATHY ABOUT CONTACTING A CLINICAL PSYCHOLOGIST AND ABOUT CONVERSATIONS WITH HIS SISTER CAROL AND BROTHER JOHN.

Craig: .. they were quite .. it wasn't Bernie ... they were quite content with the way the day had gone, and he, he ah just asked them about you as a mother and a person. What our relationship was like. Asked them if they had any conclusions. Carol said they didn't have any they were waiting, you know, they said ... no conclusions. He told them that sure they had a death certificate that showed that Patrick had died of a fit.

Kathy: Ah what.

Craig: They had a death certificate that showed that Laura had an elongated uvula that was stuck in her oesophagus. But as far as they were concerned with Laura they couldn't find nothin' conclusive that would have, they could at that stage say ... that killed her. Right and I said to John well what about what Merrick said to me about the bronchial tubes, and

(2 )

the cold and the inflamed heart. He said well they can't conclude that killed her and he said that at this stage explain to the girls cause Sherry apparently said to him, "Well why is so drawn out and " ... He said that as the years have gone on the Legal and Law Profession .. more money had been devoted to the investigation of SIDS and they felt they needed to· investigate these things harder and more thorough and that's what they were doing ... and they were doing ... it was part of SIDS .. not research but a part of trying to come to terms, trying to find answers .. but John said that at the end of the day when they can't put a profile together of you as a psychotic, nasty, irresponsible mother they may they still may not be able to conclude, conclude that you did it, they still then may not be able to conclude that Laura died because of this or that physical, but ah you know John said they their not denying that there were physical things that had them wondering, but there are other things that they want to look at and that's whats it's all about, because you know as John said in the end um if they can, like I said to him, well when it's all said and done, we'll be able to walk down John Street with our head held high, and John said right, your absolutely perfectly right because then it will be cut and dry known to the world at large, or, or who need it be known to that you didn't have anything to do with, and he said because someone, someone has driven this to it's 'enth' degree. Which and John said you got to remember from when Caleb died to when Laura died the differences in the way that they looked at the situation. How, how, how each time it happens, it was more and more what appeared to be more and more ... , and so he said the girls Carol said she's quite happy to sign what, what she's talked about today and uh so he said that you know from what he could, what John could gather they so far haven't been able to build up a profile on you being a horrible person. I said to John well that was a matter of fact.

Kathy: Pity you couldn't get that David guy to fuckin investigate here then.

Craig: Well John said he's, he's fairly convinced that it's Bernie Ryan that's got his gun hoe hat on and the other guys are just sort of goin' with doing what they're told and I said to John well you know this is the same guy who saw Lee, apparently be booked .. against Lee and said to her you know we're convinced your sister did it um and John said, no and that's what I said to you today is Lee prone to exaggeration.

Kathy: Yeah she is.

Craig: ... but ah anyway that's apparently what happened with the girls today.

Kathy: Why would they take that tact with Lee but not the same tact with Carol or Sherry?

(3 )

Craig: You know what I reckon that they're tryin' to catch you to do find someone you had deepest darkest conversations with, and then all they need to find out ...

Kathy: Know ... (TALKING OVER EACH OTHER)

VIDEO ON AND INAUDIBLE CONVERSATION.

Time: 2006.