Wrongly imprisoned for 20 years: Australia’s ‘most hated woman’ to receive record compensation

A woman sentenced to 20 years in prison for the deaths of her four children and pardoned in June had her conviction overturned by the state of New South Wales on Thursday, and her lawyer said she planned to seek compensation ” substantial”.

Kathleen Folbigg – vilified as a baby killer and “Australia’s most hated woman” – was convicted in 2003 of murdering three of her children and manslaughter over the death of the fourth. Folbigg maintained his innocence and said the children died of natural causes for more than a decade, between 1989 and 1999.

In 2019, an initial investigation into the case reaffirmed Folbigg’s guilt. But in 2022, a second investigation by a former chief justice revealed new evidence suggesting that two of the children had a genetic mutation that could have caused their deaths.

Folbigg was released from prison in June this year after being pardoned.

“I’m grateful that the latest science and genetics have given me answers about how my children died,” an emotional Folbigg told reporters outside a criminal appeal court in Sydney.

“However, even in 1999, we had legal answers to prove my innocence. They were ignored and fired,” he said. “The system preferred to blame me rather than accept that sometimes children can die suddenly, unexpectedly and heartbreakingly. »

Folbigg’s lawyer, Rhanee Rego, said her legal team was preparing a “substantial” compensation claim for his wrongful imprisonment.

“I don’t want to give a number, but it will be greater than any substantial payment made before,” she said.

The case, which relied primarily on circumstantial evidence, sparked controversy among scientists and statisticians, some of whom were part of the campaign to secure Folbigg’s release.

“Although there was new scientific evidence (in 2019), … fundamental scientific principles have not been respected since the time of the trial,” said Anna-Maria Arabia, director general of the Australian Academy of Science. “Make no mistake…without legal reform, these types of miscarriages of justice will continue.