Compensation Offer for Wrongfully Convicted Mother Criticized as Insufficient

Legal experts argue that the offered sum fails to reflect the extensive injustices faced by Folbigg during her two-decade ordeal.

Kathleen Folbigg, once labeled "Australia's worst mother" but now recognized as a victim of one of the nation's most significant miscarriages of justice, has been offered A$2 million (approximately £975,580 or $1.3 million) as compensation for her 20 years of wrongful imprisonment. This offer follows her 2003 conviction for the deaths of her four infant children, which was overturned in 2023 after it was revealed that they may have succumbed to a genetic condition.

Legal experts had anticipated that Folbigg could receive one of the highest compensation packages in Australian legal history, potentially exceeding A$10 million. However, her lawyer, Rhanee Rego, described the government's offer of A$2 million as "profoundly unfair and unjust," calling the low sum a "moral affront" and indicative of a continued systemic failure to acknowledge her suffering.

In response, New South Wales Attorney General Michael Daley stated that the compensation decision resulted from a "thorough and extensive" review of Folbigg's application, while emphasizing that the government would not discuss the specifics of the ruling at her request.

Folbigg's four children — Caleb, Patrick, Sarah, and Laura — tragically died between 1989 and 1999, all under the age of 18 months. During her trial, the prosecution's case relied on circumstantial evidence, including diary entries intended to characterize her as an unstable and dangerous mother. Originally sentenced to 40 years imprisonment for the murders, this was later reduced to 30 years upon appeal. Throughout her imprisonment, Folbigg has consistently maintained her innocence.

A landmark inquiry in 2023 established that her children's deaths could have likely been attributed to extremely rare genetic mutations rather than foul play. Rego remarked on the serious inequity of the compensation, highlighting that Lindy Chamberlain, who was exonerated in 1994 for the death of her daughter, received A$1.7 million for just three years of wrongful incarceration.

Forensic criminologist Xanthe Mallett noted that the compensation for Folbigg should reflect the gravity of her 20-year ordeal, predicting that it may ultimately reach upwards of A$10 million. Professor Gary Edmond from the University of NSW also expressed that Folbigg’s payout must rank among the largest in Australian history, with some reports estimating potential damages could exceed A$20 million.