Home Politics ‘Not from a Magic Pot’: NSW Premier Stands by Kathleen Folbigg’s $2 Million Compensation

‘Not from a Magic Pot’: NSW Premier Stands by Kathleen Folbigg’s $2 Million Compensation

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New South Wales Premier Chris Minns has defended the government’s decision to offer $2 million in compensation to Kathleen Folbigg, who spent two decades wrongfully imprisoned for the deaths of her four children. During comments to reporters, Minns stressed that this amount represents the maximum public funding available without adversely affecting other government programmes. He reiterated that the funds come from taxpayers, not a “magic pot” of money.

Folbigg was released from prison in 2023 when her convictions were overturned. Following her exoneration, she applied for an ex gratia payment—the voluntary compensation aimed at addressing her wrongful imprisonment without immediate legal obligation. The request was reviewed, resulting in the $2 million offer sanctioned by Attorney-General Michael Daley.

However, Folbigg’s lawyer, Rhanee Rego, has publicly challenged the compensation as “insufficient and ethically indefensible,” asserting that the amount does not reflect the trauma and suffering Folbigg has endured. Rego likened Folbigg’s case to that of Lindy Chamberlain, who received $1.7 million for her wrongful convictions after serving three years in prison. She argued that Folbigg lost not only her children but also two decades of her life and continues to cope with significant emotional distress.

In response to calls for further inquiry into how the compensation amount was determined, Minns explained that while previous, larger payouts often resulted from legal challenges, this compensation was made willingly and without coercion. He maintained that the decision reflects a careful evaluation of available resources. Furthermore, he emphasised the government’s legal stance on the matter, noting that the offer does not preclude Folbigg from pursuing further litigation.

As the conversation around this compensation unfolds, Rego expressed concern that Folbigg continues to be inadequately recognised by the system that has failed her on multiple fronts. She urged that the compensation should not be a stonewall for Folbigg’s ongoing quest for justice. Minns invited Folbigg’s legal representation to pursue further legal action if desired, asserting the government’s readiness to address any resulting litigation. Overall, the government’s response to the compensation has ignited debate and highlighted the complexities surrounding legal restitution for wrongful imprisonment in Australia.

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