How much Kathleen Folbigg could get in compensation

Pardoned child killer Kathleen Folbigg could face millions in damages after spending the past 20 years behind bars.

Folbigg was pardoned unconditionally and released from Grafton Prison on Monday after an inquiry found reasonable doubt about her guilt following her 2003 conviction for the deaths of her four children.

Sentenced to 30 years in prison and not eligible for parole until 2028, the mother of four has always maintained her innocence.

In the wake of the pardon, which doesn’t overturn her conviction but frees her from prison, attorney Rhanee Rego revealed that her client could receive compensation.

“We haven’t talked to her about this.

She tries very hard to concentrate on taking one step at a time and not doing things in a hurry, because she has just been waiting to feel the grass at her feet, look at the sky and look at it for the first time in 20 years. to watch the sunrise,’ said Mrs. Rego.

“Kathleen is still drinking a cup of tea, getting acquainted with normal life, and we’re just getting used to not talking to her about an AVL call in a prison,” she said

‘We are taking it step by step, but in the near future we will certainly think about all the options available to her.

“We won’t rush her or force her to do anything. She doesn’t have to do it until she’s ready.’

First, Ms Folbigg’s convictions must be overturned by the Court of Criminal Appeal before compensation options can be discussed.

Figures as low as $1 million to $20 million have already been speculated in the media.

“Not only has she lost one child, she has lost four and has been in prison for 20 years.

“The system has let her down every step of the way.

“Instead of trying to understand why her children died, possibly through an inquest…we threw her in jail, locked her up and labeled her Australia’s worst female serial killer.”

Robyn Blewer, director of the Griffith University Innocence Project, pointed to two recent cases to indicate the extent to which Folbigg could be compensated for her 7,300 days in prison.

Western Australian man Scott Austic was paid $1.3 million in May on top of a previous payment of $250,000 after serving nearly 13 years for the murder of his pregnant secret lover.

He had demanded $8.5 million after being acquitted on appeal in 2020.

Both payments were voluntary, while David Eastman was awarded $7 million in damages from the ACT Supreme Court in 2019 following his wrongful conviction for the murder of Australian Federal Police Assistant Commissioner Colin Winchester.

Dr. Blewer said the amount Folbigg received could depend on what the government was willing to pay.

“Twenty years is a significant amount of lost time,” she said.

“It may depend on the good graces of the NSW government.”

On Tuesday morning, her best friend and biggest supporter, Tracy Chapman, shared candid details about Ms Folbigg’s first night of freedom.

Folbigg spent Monday at Mrs. Chapman’s farm getting to know the animals and was just happy to be able to sleep “properly” for the first time in 20 years.

“She slept in a real bed for the first time, drank a cup of tea in a real earthenware cup, real spoons to stir with,” said her friend.

“That sounds basic to all of you, but she’s grateful. Good tea, real milk.’

Folbigg had one special request.

She asked for a Kahlua with Coke. It was a flashback to the past 20 years,” Ms Chapman said with a laugh.

However, there was no time to cook the dinner of T-bone steak that Folbigg had dreamed of for years in prison. Instead, the party of about 12 settled for pizza.

“Even the television, she said ‘Oh my God, look at the television, it has so many possibilities,’ so she could go ‘Oh my God, I can watch so much.’

Ms Folbigg’s best friend Tracy Chapman (left) and barrister Rhanee Rego (right) described her first night of freedom after 20 years behind bars

Folbigg was convicted of the murders of Sarah (left) and Laura (pictured right) along with her two sons, but scientists later said Folbigg should be pardoned as the two girls’ deaths could be explained by genetics

“We were explaining that you can actually watch all those TV shows and you don’t have to sit there at 7:30 and watch a show. She was like “This is great”‘.

Ms Chapman recalled being given 40 minutes notice on Monday that her friend was about to be released from prison.

“I actually knew she’d be out the door, and then she’d be there in 40 minutes, so to go from 20 years to the happening…

I was kind of cursing because I just went ‘this isn’t how it’s supposed to be to happen.’

‘It could all have been much better. Kath didn’t find out, I didn’t find out, we would have liked a little more attention and there are so many things she will eventually say about that.

‘

Ms Chapman added that her friend looks forward to the future as she takes each day as it comes.

“I think she’s looking forward to making her own flat, being able to choose her own furniture and doing her own thing and clothes and stuff. She only has things we gave her, so she’s looking forward to starting over.”

Kathleen Folbigg, (above before her 2003 conviction) has spent two decades behind bars for the deaths of her children

Folbigg was convicted of the murders of Sarah (left) and Laura (pictured right) along with her two sons, but scientists later said Folbigg should be pardoned as the two girls’ deaths could be explained by genetics