’Beyond happy’: Folbigg celebrates freedom

Kathleen Folbigg has had a joyful reunion with her closest supporters after she was pardoned and released from jail after a long 20 years over the deaths of her four children.

Ms Folbigg was driven from jail in Grafton in northern NSW to a property near Coffs Harbour where she was welcomed home by her long-time friend and advocate Tracy Chapman.

The pair hugged tightly, laughing and crying.

“I am so elated, it is not funny. And I am nervous and I am everything,” Ms Folbigg said ...

“I’m still like ‘is this even happening? Oh my god.”

In a video filmed by Ms Chapman and shown on Channel 7, Ms Folbigg was seen smiling widely while making a cup of tea in the kitchen, using a metal spoon for the first time in 20 years.

“I can’t thank everybody enough, for all of the support and all the hard work that’s gone into reaching this moment,” she said.

“I’m beyond happy, it’s ridiculous. I’m in shock, so thank you.”

Ms Folbigg celebrated with a steak

Prime Minister Anthony Albanese described the case as “extraordinary”.

“This has been an extraordinary case where new evidence has led the Attorney-General of NSW, Michael Daley, to intervene and to pardon Ms Folbigg,” he told 7.30.

“She’s been in jail for some 20 years and Michael Daley has chosen to show mercy and to intervene in this case. I think it is an extraordinary set of circumstances. And I’m certain of the obvious is that Kathleen Folbigg will be very relieved today.”

On Monday, NSW Attorney-General Michael Daley confirmed Ms Folbigg would be released from jail after she was first imprisoned in 2003 for the murder of three of her children and the manslaughter of another.

Ms Folbigg’s former husband Craig Folbigg still believes she killed the children, his lawyer said.

“A pardon is not an acquittal,” his lawyer Danny Eid said.

“She has not been acquitted and her record remains the same.”

Ms Folbigg’s legal team will hold a media conference on Tuesday, where they are expected to address whether she will seek to have her convictions overturned and seek compensation.

Steadfast Support

After standing steadfast in support of her friend for two decades, attending the 2022 inquiry that paved the way for Ms Folbigg’s unconditional pardon, and providing a home for Ms Folbigg to return to upon her release, Ms Chapman has been labelled “a hero”.

“She is a gem. She’s a woman that we should all be incredibly proud of. In fact, she should write a book on this,” said longtime Folbigg supporter Peter Yates.

However, the media glare on Ms Chapman, who has been friends with Ms Folbigg since high school, wasn’t always so rosy, he said.

“You don’t realise what it was like 10 years ago during the first inquiry when Tracy was slammed every day.

“Today she’s a hero and she should be enjoying that moment.”

Ms Chapman later released a statement thanking everyone who had supported the campaign to free Ms Folbigg.

“I know the past 20 years have been horrific for Kathleen, not least for the pain and suffering she has had to endure following the loss of her four children. They were gorgeous children,” she said.

Speaking to reporters last Wednesday, just five days before Ms Folbigg would walk out of jail, Ms Chapman said she spoke to her friend every single day.

“It‘s really hard to explain the level of anxiety that’s there at the moment. There’s a restlessness in her because she knows what’s about to happen but we’re asking her to sit there and go on with her everyday incarcerated life,” she said.

“The biggest thing for her is to hope and we’ve given her that hope.”

Greens spokesperson for justice, Sue Higginson, echoed Mr Yates’ praise. She first met Ms Chapman shortly after the 2023 NSW state election when she took on the justice portfolio.

Ms Higginson said she believed the friends would be having a “pyjama party” at Ms Chapman’s Northern Rivers property, where she provides animal assisted therapy.

“She’s amazing. She’s a hero. She defines a friend you would want to have in this life,” Ms Higginson said.

“When you meet Tracy, you understand how she kept going. She has an unwavering strength and depth of character and her sense of justice and belief in what has been happening.

“She’s just been clear the whole time. The belief and clarity that she’s had, is infectious and I’m just so happy for her that she has her friend back.”

Ms Higginson credited all the “incredible and hardworking” women who have been involved in the advocacy for Ms Folbigg’s release, from Ms Chapman, to solicitor Rhanee Rego who has worked pro-bono on the case for the past six years.

Bathurst Inquiry

Her release comes after a 2022 inquiry found there was reasonable doubt her children died from natural causes.

Upon the final report from former NSW chief justice Tom Bathurst, who oversaw the inquiry, her legal team will apply to have her convictions quashed in the Court of Criminal Appeal.

Ms Higginson said she was in full support of Ms Folbigg seeking compensation.

“All strength to Kathleen as she seeks compensation, as she seeks as ex-gratia payment of some sort, as she walks out after 20 years and a week-and-a-half since she was thrown into prison,” Ms Higginson said.

Asked about what Ms Folbigg’s compensation could entail, Ms Higginson said she was unable to comment. Last week, the NSW politician attempted to move a motion in NSW parliament calling for the early release of Ms Folbigg; however, the motion was amended.

“I just simply cannot know, I’ve been a free woman for the last 20 years. I just do not know,” she said.

Mr Daley said it was too soon to discuss potential compensation.

It will be up to Ms Folbigg to choose whether she wants to pursue compensation, and make an application to the government to seek an ex-gratia payment.

“We’re getting a little bit ahead of ourselves,” he said.

Reflecting on the case, Ms Higginson said it was “our second Lindy Chamberlain case in Australia”.

“We know it’s too late, we know it’s delayed and now all strength and power to Kathleen as she tries to remedy and seek some justice in some retrospect for the 20 years of her life that she has lost,” she said.

“I just commend all the incredible women who have been working tirelessly around the clock to bring this matter to justice and to light.

“Right now, justice has been done.”

How Folbigg found out she was pardoned

Speaking to media after the announcement of Ms Folbigg’s pardon, Mr Yates said it was a “tremendous day”.

He said Ms Folbigg’s legal team were only made aware of the pardon at about 10.10am on Monday through the media.

“At 10.30am they held a Zoom conference where they “understood what was happening” before multiple teams mobilised at the prison, one in Grafton, at Ms Chapman’s home, and another in Sydney,” Mr Yates said.

“We’re sharing the joy this morning.”

Asked if her friends and supporters felt anger at Ms Folbigg’s incarceration, Mr Yates said it wasn’t a “useful virtue”.

“I’m sure there is a lot of anger around, but who are you going to be angry with?” he said.

“That anger is not going to bring back 20 years of being incarcerated, five of the years which were predominantly in solitary confinement.”