BE The quashing of Kathleen Folbigg’s convictions over the death of her four children, for which she spent two decades in jail, will lead to a huge compensation claim. The RMB Compensation Law Division explains.
Kathleen Megan Folbigg was convicted for the deaths of her four children each of whom passed away between the ages of 19 days to 19 months old. The deaths were sudden and it was alleged Ms Folbigg smothered her children. Her own diary entries were relied upon by the prospection to try prove admissions of guilt.
However, Ms Folbigg has maintained her innocence since being convicted and in June 2003 was released from jail after serving 20 years of her sentence.
On 14 December 2023, the NSW Court of Criminal Appeal formally quashed Ms Folbigg’s convictions which included three counts of murder, one count of manslaughter and one count of maliciously inflicting grievous bodily harm.
In NSW, in order to be found guilty of the crimes Ms Folbigg was alleged to have been responsible for, the court needed to come to the decision that she was guilty beyond a reasonable doubt.
However, the Court of Criminal Appeal in acquitting Ms Folbigg of all crimes, confirmed that the standard of proof could no longer be supported given the expert and scientific evidence which existed, suggesting Ms Folbigg’s children passed away due to natural causes and rare genetic disorders, rather than due to the malicious actions of their mother.
The Court of Criminal Appeal confirmed there was a reasonable doubt as to Ms Folbigg’s guilt.
As a result of these findings, Ms Folbigg will now have the right to pursue compensation from the State of NSW for her wrongful imprisonment.
Ms Folbigg’s legal representatives stated, after the decision of the Court of Criminal Appeal handed down their findings, that Ms Folbigg was intending to seek “substantial compensation” and "I'm not prepared to put a figure on it, but it will be bigger than any substantial payment that has been made before”.
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