CHILD killer Kathleen Folbigg's request for a review into a judicial inquiry that found evidence that "reinforces her guilt" over the deaths of her four children has been moved to the NSW Criminal Court of Appeal.
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Folbigg, of the Upper Hunter, 51, was jailed for 25 years in 2003 for the murders of Patrick, Sarah and Laura, and for the manslaughter of Caleb - all aged between 19 days and 18 months when they died over a 10-year period between February 1989 to March 1999.
Last year, former chief judge of the District Court, the Honourable Reginald Blanch, AM QC, headed a high-profile review of Folbigg's convictions and concluded he'd found evidence that "reinforces her guilt".
In October, Folbigg's legal team accused Mr Blanch in the NSW Supreme Court of "apprehended bias" by the way he ran the inquiry, including by letting her be questioned by her former husband's barrister.
Folbigg also claimed she was denied procedural fairness, and that Mr Blanch didn't give sufficient reasons for his findings relating to the cause of death of each child.
On Thursday, the NSW Supreme Court ruled that due to a change in legislation last year, the matter would be transferred to the Criminal Court of Appeal and heard over four days in February.
Justice John Basten said the key issue in favour of moving the hearing was the nature of the proceedings.
"It is not a trial at first instance; it is the review of what has already been a lengthy Inquiry, resulting in a report which has similar effects to a judgment at first instance," he said.
"The witnesses have been heard and their evidence has been assessed; inferences have been drawn and detailed reasons provided. The limited nature of proceedings by way of judicial review bears many of the characteristics of an appeal on a question of law. It is therefore an appropriate matter to be dealt with by the Court of Appeal."
Mr Blanch's inquiry in April and May, followed a University of Newcastle Legal Centre petition to the then NSW Governor David Hurley, in 2015, after investigations raising doubt about evidence used to convict her of the crimes in 2003.
The matter will be heard in the NSW Court of Appeal from February 15.
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