Kathleen Folbigg to Receive $2.2M Payout After 20 Years of Wrongful Imprisonment

After spending two decades in Australian prisons for a crime she did not commit, Kathleen Folbigg is set to receive a $2.2 million ex gratia payment from the government. The decision follows an independent inquiry that uncovered new scientific evidence suggesting her four children may have died from natural causes or genetic mutations, not foul play.

Folbigg was convicted in 2003 of killing her four children—Caleb, Patrick, Sarah, and Laura—between 1989 and 1999. The children were aged between 19 days and 18 months when they died. She was released in June of last year following her pardon.

The NSW Attorney-General, Michael Daley, made the decision after “thorough and extensive consideration” of the case, according to a statement from his office. However, the government has chosen not to publicly discuss the details of the payout, as requested by Folbigg.

Her solicitor, Rhanee Rego, described the payment as “profoundly unfair and unjust,” arguing that it fails to account for the immense trauma and loss Folbigg endured. Rego pointed out that the amount is significantly lower than the $10 million experts had predicted, and noted that Lindy Chamberlain, who was exonerated in 1994, received A$1.7 million for three years of wrongful imprisonment.

Greens MP and justice spokeswoman Sue Higginson called the offer “shocking and insulting,” emphasizing that the payment barely covers what Folbigg could have earned over 20 years. She also highlighted the loss of her children, her home, and her employability, along with the legal costs and trauma associated with her wrongful conviction.

Despite being released from prison, Folbigg has spoken about how the experience continues to affect her daily life. In an interview, she described feeling “shackled” by the past, even hesitating to open her own doors at home and experiencing anxiety in social situations.

The case has sparked a broader conversation about the justice system’s failures and the need for reform. Critics argue that the ex gratia payment is not a true acknowledgment of the injustice but rather a token gesture. Folbigg’s story has become a symbol of the long-lasting impact of wrongful convictions and the need for greater accountability from the legal system.

As the payout is finalized, many are calling for an independent inquiry into how the government arrived at the figure, and whether there is a need for systemic changes to prevent such injustices from occurring in the future.