Two remarkable women, Kathleen Folbigg and Tracy Chapman were applauded in a room so crowded that only a little standing room was left at the back.

It was the launch on Tuesday night of their book Inside Out – an incredible friendship and fight for justice.

These articulate women shared their thoughts and feelings and spoke openly and often inspiringly about the events of Kathleen’s trail, 20-year imprisonment and the fight to achieve the holding of subsequent inquiries. If this crowd was any indication, then public opinion is certainly behind Folbigg.

Kathleen Folbigg’s life did not get off to a great start. She left her foster home young and married at 21. She bore four children in the decade from 1989 to 1999. Each of those children in turn died as babies.

The first three babies were initially deemed Sudden Infant Syndrome deaths; the fourth, Laura, died at 19 months. The grief of losing four children would be a weight too much for most to bear. Grief and trauma over such losses were compounded in 2003 when Folbigg was found guilty of the murder of three babies and the manslaughter of the fourth.

The allegations, trial and verdict brought with them vicious opprobrium piled on to Folbigg. She was sentenced to 40 years imprisonment, with a non-parole period of 30 years. On appeal, this was reduced to 30 years, with a non-parole period of 25.

I met Folbigg when I was appointed Official Visitor to Mulawa, later to become Silverwater Women’s Correctional Centre. She was housed in the Protection Wing and I can attest that she suffered not only the loss of liberty, but also the loss of respectful treatment, of fresh food, of adequate exercise facilities, of a comfortable environment and of educational opportunities. 

In musings on my last day at Mulawa in 2013, I wrote: “It (respect and gratitude) has been a two-way street. I thank many of these women who have shown me the value of patience, resilience and ‘getting on with it’; who suffer so many idiot indignities yet have learnt to fly under the radar so they don’t make it worse; and who know the consequences of idle gossip better than anyone I have ever met.”

Folbigg exemplified those qualities.

After losing two earlier appeals, finally in 2023 a Special Commission of Inquiry found reasonable doubt based on new medical evidence that that there was no direct evidence that she had killed her children, but rather was a loving mother. As a result, the court of criminal appeal quashed her conviction and she became a free, innocent woman. By then she was 20 years into her sentence and aged 57.

Some might think that no amount of compensation makes up for being wrongly jailed for some of the most productive years. It raises the question of what a woman’s life is worth.

In August, NSW Premier Chris Minns offered an ex gratia payment of $2 million to Folbigg – $2 million for 20 years of her life falsely imprisoned. This offer was immediately derided, as it should be, in a number of letters to The Sydney Morning Herald, two of which compared it to the 1992, $1.3 million payment to Lindy Chamberlain for three years’ wrongful imprisonment. They suggested amounts ranging from around $11 million to $19 million might be fair. David Eastman, after serving 19 years in prison for a wrongful conviction, rejected an initial offer and appealed under the ACT Human Rights Act; he received $7.02 million from the ACT Government.

Minns has offered weasel words suggesting Folbigg might start a legal action for compensation. Legal action would impose huge costs on a woman who has had no income for most of her life and thus, one could presume, has no money. The trauma of both false imprisonment and the prospect of more drawn-out legal battles would be enough to turn the strongest of people away from more court proceedings.

“Grief is forever”, said Folbigg in answer to one question and “I’ll be seeing a psychologist until doomsday,” to another.

When questioned about Folbigg’s personal qualities, Tracy Chapman identified determination as the outstanding one. It was this determination about her innocence that helped her survive on the inside, that got her through.

When reflecting on the failures of the justice system, Chapman remarked, “We are all part of the solution.” Team Folbigg has proved itself to be formidable in fighting for justice.

Minns, now that he has time to reflect, would be well advised to increase the Folbigg ex gratia payment substantially and, in doing so, announce the development of formulae and mechanisms for future compensation matters. If he does not, he demonstrates both his view of what a woman’s life is worth and a cavalier attitude towards seeing justice done.

The views expressed in this article may or may not reflect those of Pearls and Irritations.