KATHLEEN Folbigg "cried a river" on Monday night after an inquiry into her convictions for killing her four children "reinforced her guilt", but remained hopeful while the inquiry report is before the NSW Governor, said a Newcastle barrister involved with her case.
Folbigg's future, after 17 years in jail and with at least another eight years to serve, "is ultimately a decision that rests with the Governor", said barrister Isabel Reed.
The newly-sworn in Governor Margaret Beazley, the NSW Court of Appeal's first chief judge, "will, I would hope, give due notice to all the evidence presented to the inquiry", Ms Reed said.
Section 82 of the NSW Crimes (Appeal and Review) Act gives the Governor broad powers after directing an inquiry be held, requiring a report from the inquiry chair in response.
After receiving the Folbigg report from retired former NSW District Court chief judge Reg Blanch the Act says the Governor "may then dispose of the matter in such manner as to the Governor appears just".
Ms Reed said she was devastated by Mr Blanch's rejection of the Folbigg team's case that there was no forensic evidence that Folbigg had smothered her four babies, that advice to the jury about the rarity of multiple deaths in one family was wrong, and that a genetic variant linked to serious cardiac problems raised doubts about the convictions.
"We felt the strength of the evidence presented by the Folbigg team was so strong that we felt it was not able to be overcome," Ms Reed said.
"It was surprising in that regard."
In a statement on Monday night Folbigg's solicitor Stuart Gray said her team was disappointed with the outcome of the inquiry but looked forward to Governor Beazley's consideration of the report.
"Ultimately it is a matter for the Governor to dispose of Ms Folbigg's petition. We remain hopeful that consideration will be given to the evidence of the various experts that appeared at the inquiry and those that submitted reports after it," Mr Gray said.
Ms Reed said Folbigg had "cried a river but has been buoyed by the knowledge it's not over yet".
One of her legal team visited Folbigg at Silverwater Women's Correction Centre on Tuesday to discuss the report and the Governor's consideration.
Folbigg was jailed for at least 25 years in 2003 after she was found guilty of killing her four babies - Caleb, Patrick, Sarah and Laura - at Singleton between 1989 and 1999.
In a 558-page report published on Monday Folbigg inquiry chair and former NSW District Court chief judge Reg Blanch said evidence at the trial in 2003, and further evidence to the inquiry, meant "the only conclusion reasonably open is that somebody intentionally caused harm to the children, and smothering was the obvious method".
"The evidence pointed to no person other than Ms Folbigg," Mr Blanch said.
He said her "untruthfulness to the police and in the evidence she gave before the inquiry was a deliberate attempt to obscure the fact that she committed the offences of which she was convicted".