After being wrongfully imprisoned for the deaths of her four children, Kathleen Folbigg has been offered A$2 million in compensation, a figure her lawyer deems inadequate compared to her suffering and the estimated legal expectations of A$10 million or more.
Kathleen Folbigg's Compensation Offer Sparks Debate Over Justice System
Kathleen Folbigg's Compensation Offer Sparks Debate Over Justice System
The proposed A$2 million compensation for Kathleen Folbigg, wrongfully jailed for two decades, has drawn criticism from legal experts and advocates.
Kathleen Folbigg's case, once portrayed as one of Australia’s gravest miscarriages of justice, has reignited discussion over compensation for wrongful imprisonment after the New South Wales government proposed A$2 million (approximately £975,580 or $1.3 million) as restitution for her 20 years behind bars. Initially convicted in 2003 for the deaths of her four infants—Caleb, Patrick, Sarah, and Laura—she was released in 2023 following a judicial review that determined that genetic conditions, rather than foul play, may have caused the children's deaths.
Folbigg's lawyer, Rhanee Rego, argued that the offered compensation amount is "profoundly unfair and unjust," calling it a "moral affront" to someone who has already suffered greatly. The attorney emphasized that previous cases, like that of Lindy Chamberlain, who received $1.7 million for three years in prison for a wrongful conviction, further highlight the inadequacy of Folbigg's proposed sum. Chamberlain's exoneration in 1994 was based on a similar miscarriage of justice involving a conviction for a crime she did not commit.
Experts had anticipated Folbigg would receive one of the highest compensation amounts in Australia—estimates initially soared to A$10 million or even upwards of A$20 million, given her prolonged wrongful incarceration. In response to the criticism regarding the compensation offer, New South Wales Attorney General Michael Daley stated that the decision resulted from "thorough and extensive" review processes. However, the details remain undisclosed per Ms Folbigg's request.
The miscarriage of justice in Folbigg's case raises crucial questions about systemic failures and the societal and legal norms that may have influenced the initial prosecution, with some experts citing misogyny as a factor. The case contrasts the vast emotional and psychological suffering endured by the wrongly convicted, calling for a reconsideration of how compensation and justice are approached in Australia.
