Kathleen Folbigg's Proposed Compensation for Wrongful Imprisonment Sparks Outcry

Kathleen Folbigg, once labeled Australia’s worst mother, has been offered a mere A$2 million in compensation after being wrongfully imprisoned for the deaths of her four infants. Legal experts decry the sum as "profoundly unfair," with many suggesting she could receive upwards of A$10 million given her ordeal.

Kathleen Folbigg, a woman wrongfully imprisoned for two decades and once infamously deemed “Australia's worst mother,” is now facing an outcry over the A$2 million (£975,580, $1.3 million) compensation offer made to her by the Australian government. Her wrongful conviction for the deaths of her four children has been referred to as one of the nation's gravest miscarriages of justice.

In 2003, Ms. Folbigg was sentenced to 40 years in prison after her children—Caleb, Patrick, Sarah, and Laura—each died under mysterious circumstances between 1989 and 1999. The prosecution's case relied heavily on circumstantial evidence, including Ms. Folbigg's own diaries, which they portrayed as evidence of her unstable mental state. However, a 2023 judicial review revealed that the children may have died from rare genetic conditions, leading to her subsequent release.

Reactions to the government’s compensation offer have swiftly emerged, with Ms. Folbigg’s lawyer, Rhanee Rego, labeling the proposed amount as "profoundly unfair and unjust." Speaking on behalf of her client, Rego stated that the figure fails to account for the immense suffering and loss of freedom Ms. Folbigg endured over her two decades of incarceration.

New South Wales Attorney General Michael Daley defended the decision, asserting that it followed a comprehensive evaluation of Ms. Folbigg’s application. Yet, critics argue that the compensation falls short, especially when compared to other wrongful convictions. For instance, Lindy Chamberlain received A$1.7 million in 1994 for three years in prison after being wrongfully convicted of her daughter’s murder.

Forensic criminologist Xanthe Mallett has indicated that Ms. Folbigg's award could be upwards of A$10 million, while legal experts suggest the payout might need to be the largest in Australian history as it recognizes the troubling implications of a flawed justice system. Current reports even speculate that she may be entitled to as much as A$20 million.

As the dialogue over appropriate compensation continues, many are left grappling with the broader implications of this case on Australia’s judicial integrity and treatment of women within the legal system.