Latest news with #ACTSupremeCourt
7NEWS
3 days ago
- 7NEWS
Kathleen Folbigg's best friend Tracy Chapman takes aim at $2 million offer for wrongful conviction of child murder
Kathleen Folbigg's best friend has taken aim at the $2 million ex gratia payment offered by the government to Folbigg after she was wrongfully convicted of killing her children and locked up for 20 years. Folbigg, now 58, was jailed over the deaths of her four children before being freed in June 2023 after new scientific evidence cast reasonable doubt over her convictions. NSW Attorney-General Michael Daley said he decided to make an ex-gratia payment to Folbigg, more than a year after a compensation claim was submitted to the government. Tracy Chapman, Folbigg's live-in best friend, was joined by Folbigg's lawyer Rhanee Rego on Sunrise on Friday, where they were questioned on the financial offer. 'I was as shocked as everyone else. It was absolutely disgraceful,' Chapman told hosts Nat Barr and Matt Shirvington. 'We talk about what is fair and what is humane all the time. Unfortunately, you come back to the same answers. 'This is not fair. It's inhumane. (But) Sadly, not surprising. 'Remembering, Kath has been exonerated. This is a wrongful conviction. She has the ongoing pain and suffering. The trauma. We've all had to live with that every day. 'It's not like that can be put in a suitcase and put under the bed. This is going to be with her during the rest of her days.' Chapman went on to explain Folbigg also has functional needs. Chapman said: 'Life is very expensive. Even having her here for seven months. It was so hard and so expensive. You have to be realistic. Then we have ageism in the workforce. So, realistically, what is Kath going to do? 'She can't just go and get a job. The average age of retirement is 56. It's just an insult.' Folbigg's lawyer Rhanee Rego said she was not shocked, with Folbigg being treated poorly by the system since 1999. 'The Nationals and the Greens have called for a parliamentary inquiry into the decision of the NSW Attorney General. We fully support that, to understand how they came to this figure,' Rego said. Folbigg joins Lindy Chamberlain a small number of Australians who have been jailed but later acquitted and offered compensation. Chamberlain and her former husband Michael were awarded an ex gratia payment of $1.3 million in 1992 for their prosecution in the Northern Territory over the death of baby daughter Azaria. West Australian man Scott Austic in May received $1.3 million on top of an earlier payment of $250,000 after serving nearly 13 years for murdering his pregnant secret lover. He had sought $8.5 million after being acquitted in 2020 on appeal. Both payments were ex gratia, unlike David Eastman who was awarded $7 million in damages by the ACT Supreme Court in 2019. 'I still don't want to put a figure on it,' Rego said. 'I am also like everyone else. How do you put a figure on a woman's life? 'The ex gratia payment system is there for victims. We now know what the government thinks 20 years of a woman's life, wrongfully imprisoned, is worth. And that's $2 million. 'Which is worrying not just for Kath, but for everyone else out there.' Chapman said the system has never taken responsibility for what was wrongfully done to Folbigg. 'There's still not apology,' she said. 'I am disgusted. Actually, I am beyond disgusted. We live in a democracy. These people are supposed to talk to us. There's never been any communication that is decent. 'We're writing a book at the moment. The whole reason for that is to lay bare everything that has happened to us. It's disgraceful. 'I wouldn't treat people like this.' Greens MP Sue Higginson described the offer as 'an absolute slap in the face'. 'And a failure of the NSW premier to uphold the principles of fairness and justice,' Higginson said. 'Kathleen Folbigg was imprisoned for 20 years, accused wrongly of the murder of her own children. 'She has suffered. She has now been released. She is owed compensation that rights the wrong of this state.' Nationals MP Wes Fang said the offer was made the same day upper house members pushed for an inquiry into the payment. Unlike court-run compensation claims with a series of precedents, ex gratia payments are one-off matters and are expected to be a decision of state cabinet. Folbigg was convicted of three counts of murder and one count of manslaughter following the deaths of her children between 1989 and 1999. She appealed successfully against her convictions after scientific discoveries in genetics and cardiology cast doubt on her guilt following two inquiries into her verdicts. In 2024, Rego told AAP the compensation claim included a lengthy statement explaining her 24-year experience with the matter, submissions detailing errors by agents of government and an expert report assessing loss suffered by the former prisoner. Folbigg had previously sought a meeting with Premier Chris Minns, but he refused on the grounds she was in the middle of negotiations with the attorney general.
7NEWS
4 days ago
- 7NEWS
Wrongly convicted Kathleen Folbigg to get $2m payout
A woman who spent two decades in prison after being wrongfully convicted of killing her children will receive a compensation payment from the state government. Kathleen Folbigg was jailed over the deaths of her four children, before being freed in June 2023 after new scientific evidence cast reasonable doubt over her convictions. On Thursday, NSW Attorney-General Michael Daley confirmed the government would make an ex gratia payment to the 57-year-old. Folbigg requested the details of the payment, including the amount, not be publicly shared, government officials said. However, 7NEWS understands it is a sum of approximately $2 million. 'The decision follows thorough and extensive consideration of the materials and issues raised in Ms Folbigg's application and provided by her legal representatives,' Daley said. 'The decision has been communicated to Ms Folbigg via her legal representatives.' The claim was made more than a year ago. Unlike court-run compensation claims with a series of precedents, ex gratia payments are one-off matters and are expected to be a decision of state cabinet. Folbigg joins Lindy Chamberlain as rare Australians long jailed but later acquitted and then compensated. Chamberlain and her former husband Michael were awarded an ex gratia payment of $1.3 million in 1992 for their prosecution in the Northern Territory over the death of baby daughter Azaria. West Australian man Scott Austic in May received $1.3 million on top of an earlier payment of $250,000 after serving nearly 13 years for murdering his pregnant secret lover. He'd sought $8.5 million after being acquitted in 2020 on appeal. Both payments were ex gratia, unlike David Eastman who was awarded $7 million in damages by the ACT Supreme Court in 2019. Folbigg was convicted of three counts of murder and one count of manslaughter following the deaths of her children between 1989 and 1999. She successfully appealed against her convictions after scientific discoveries in genetics and cardiology cast doubt on her guilt following two inquiries into her verdicts. In 2024, Folbigg's lawyer Rhanee Rego told AAP the compensation claim included a lengthy statement explaining her 24-year experience with the matter, submissions detailing errors by agents of government and an expert report assessing loss suffered by the former prisoner. Folbigg had previously sought a meeting with Premier Chris Minns, but he refused on the grounds she was in the middle of negotiations with the attorney-general.
Perth Now
4 days ago
- Perth Now
Wrongly convicted Folbigg to get undisclosed payout
A woman who spent two decades in prison after being wrongfully convicted of killing her children will receive a compensation payment from the state government. Kathleen Folbigg was jailed over the deaths of her four children before being freed in June 2023 after new scientific evidence cast reasonable doubt over her convictions. On Thursday, NSW Attorney-General Michael Daley confirmed the government would make an ex gratia payment to the 57-year-old. Ms Folbigg requested the details of the payment, including the amount, not be publicly shared, government officials said. "The decision follows thorough and extensive consideration of the materials and issues raised in Ms Folbigg's application and provided by her legal representatives," Mr Daley said. "The decision has been communicated to Ms Folbigg via her legal representatives." The claim was made more than a year ago. Unlike court-run compensation claims with a series of precedents, ex gratia payments are one-off matters and are expected to be a decision of state cabinet. Ms Folbigg joins Lindy Chamberlain as rare Australians long jailed but later acquitted and then compensated. Ms Chamberlain and her former husband Michael were awarded an ex gratia payment of $1.3 million in 1992 for their prosecution in the Northern Territory over the death of baby daughter Azaria. West Australian man Scott Austic in May received $1.3 million on top of an earlier payment of $250,000 after serving nearly 13 years for murdering his pregnant secret lover. He'd sought $8.5 million after being acquitted in 2020 on appeal. Both payments were ex gratia, unlike David Eastman who was awarded $7 million in damages by the ACT Supreme Court in 2019. Ms Folbigg was convicted of three counts of murder and one count of manslaughter following the deaths of her children between 1989 and 1999. She successfully appealed against her convictions after scientific discoveries in genetics and cardiology cast doubt on her guilt following two inquiries into her verdicts. In 2024, Folbigg's lawyer Rhanee Rego told AAP the compensation claim included a lengthy statement explaining her 24-year experience with the matter, submissions detailing errors by agents of government and an expert report assessing loss suffered by the former prisoner. Ms Folbigg had previously sought a meeting with Premier Chris Minns, but he refused on the grounds she was in the middle of negotiations with the attorney-general.
ABC News
05-06-2025
- ABC News
Canberra man accused of attempted murder with machete denied bail
A man accused of using a 25-inch machete to sever three fingers from an associate's hand has had his bid for freedom refused by the ACT Supreme Court. Zachery Norton, 30, is facing a charge of attempted murder over a violent altercation in September last year at a Wanniassa home, where police allege he had been a squatter. It is alleged Mr Norton used a machete from beside his bed to attack the man, who he had discovered going to the toilet in a cardboard box in the kitchen of the property. Court documents show the alleged victim was first struck in the back of the head, causing a 15-centimetre cut and a fracture. He was then struck on the hand twice, severing three fingers on his left hand and severely injuring his wrist, the documents show. The man underwent a 14-hour surgery and was in a coma for four days. On Thursday, the ACT Supreme Court heard the man's fingers have now been reattached but have limited function. Mr Norton has been in custody since he was arrested by police while trying to board a bus headed from Canberra to Yass in November last year. At the time, he told police he did not have the option of calling police about the alleged victim, because he feared the man. Chief Justice Lucy McCallum said she was aware of a moral code among a certain social milieu that applied the principle of "we don't call the police" and a fear of being labelled "a dog". Mr Norton applied for bail arguing that three special circumstances applied to his case, including that he should be freed to care for his mother, who the court heard was of poor health. He also argued there would be an unreasonable delay before his future trial and that his actions could in part be explained by self-defence. Chief Justice McCallum said that despite court restraints, effort was made to prioritise matters involving young Aboriginal men and that any delay would not be significant. She said Mr Norton's arguments did not amount to special circumstances and refused his application for bail. He will remain in custody until his next court appearance in July.
The Advertiser
27-05-2025
- The Advertiser
War crime whistleblower waits on prison appeal verdict
A man jailed for leaking top secret information that led to accusations of Australian soldiers committing war crimes will learn his fate after appealing his sentence. David McBride was jailed for at least two years and three months after pleading guilty to obtaining and disseminating classified defence information. The result of his appeal will be handed down in the ACT Supreme Court on Wednesday. McBride's legal team has already flagged a High Court bid if the appeal doesn't go their way. McBride took 235 documents, 207 of which were classified as secret, and shared them with journalists. The documents led to a series of reports that uncovered allegations Australian special forces soldiers committed war crimes in Afghanistan. A subsequent inquiry found credible information about 23 incidents of potential war crimes, which involved the killing of 39 Afghans between 2005 and 2016. ACT Justice David Mossop said the prison sentence reflected some concessions such as McBride's early plea and mental health but needed to deter people from leaking classified information. McBride's lawyer Eddie Lloyd said there was a reasonable prospect of success. She argued his sentence was too severe and not enough weight was given to his guilty plea. Human rights advocates have called for the Commonwealth to drop the prosecution and for McBride to be freed, saying his jailing deters whistleblowing on wrongdoing. A man jailed for leaking top secret information that led to accusations of Australian soldiers committing war crimes will learn his fate after appealing his sentence. David McBride was jailed for at least two years and three months after pleading guilty to obtaining and disseminating classified defence information. The result of his appeal will be handed down in the ACT Supreme Court on Wednesday. McBride's legal team has already flagged a High Court bid if the appeal doesn't go their way. McBride took 235 documents, 207 of which were classified as secret, and shared them with journalists. The documents led to a series of reports that uncovered allegations Australian special forces soldiers committed war crimes in Afghanistan. A subsequent inquiry found credible information about 23 incidents of potential war crimes, which involved the killing of 39 Afghans between 2005 and 2016. ACT Justice David Mossop said the prison sentence reflected some concessions such as McBride's early plea and mental health but needed to deter people from leaking classified information. McBride's lawyer Eddie Lloyd said there was a reasonable prospect of success. She argued his sentence was too severe and not enough weight was given to his guilty plea. Human rights advocates have called for the Commonwealth to drop the prosecution and for McBride to be freed, saying his jailing deters whistleblowing on wrongdoing. A man jailed for leaking top secret information that led to accusations of Australian soldiers committing war crimes will learn his fate after appealing his sentence. David McBride was jailed for at least two years and three months after pleading guilty to obtaining and disseminating classified defence information. The result of his appeal will be handed down in the ACT Supreme Court on Wednesday. McBride's legal team has already flagged a High Court bid if the appeal doesn't go their way. McBride took 235 documents, 207 of which were classified as secret, and shared them with journalists. The documents led to a series of reports that uncovered allegations Australian special forces soldiers committed war crimes in Afghanistan. A subsequent inquiry found credible information about 23 incidents of potential war crimes, which involved the killing of 39 Afghans between 2005 and 2016. ACT Justice David Mossop said the prison sentence reflected some concessions such as McBride's early plea and mental health but needed to deter people from leaking classified information. McBride's lawyer Eddie Lloyd said there was a reasonable prospect of success. She argued his sentence was too severe and not enough weight was given to his guilty plea. Human rights advocates have called for the Commonwealth to drop the prosecution and for McBride to be freed, saying his jailing deters whistleblowing on wrongdoing. A man jailed for leaking top secret information that led to accusations of Australian soldiers committing war crimes will learn his fate after appealing his sentence. David McBride was jailed for at least two years and three months after pleading guilty to obtaining and disseminating classified defence information. The result of his appeal will be handed down in the ACT Supreme Court on Wednesday. McBride's legal team has already flagged a High Court bid if the appeal doesn't go their way. McBride took 235 documents, 207 of which were classified as secret, and shared them with journalists. The documents led to a series of reports that uncovered allegations Australian special forces soldiers committed war crimes in Afghanistan. A subsequent inquiry found credible information about 23 incidents of potential war crimes, which involved the killing of 39 Afghans between 2005 and 2016. ACT Justice David Mossop said the prison sentence reflected some concessions such as McBride's early plea and mental health but needed to deter people from leaking classified information. McBride's lawyer Eddie Lloyd said there was a reasonable prospect of success. She argued his sentence was too severe and not enough weight was given to his guilty plea. Human rights advocates have called for the Commonwealth to drop the prosecution and for McBride to be freed, saying his jailing deters whistleblowing on wrongdoing.
