David Eastman<\/a> in his $7 million compensation win against the ACT government after being wrongly convicted of murdering AFP assistant commissioner Colin Winchester.<\/p>\nSerious concerns about the transparency of the ex gratia payment process would persist until governments handed over powers to the courts or released reasons for their decision, he said.<\/p>\n
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\u201cIt seems only fair and reasonable and sensible that the decision maker would issue reasons explaining why they arrived at a particular figure,\u201d Tierney told AAP.<\/p>\n
\u201cState and commonwealth legislatures should look very seriously at implementing Human Rights Acts so that courts can be empowered to properly review these situations.\u201d<\/p>\n
Folbigg was jailed over the deaths of her four children before being freed in June 2023 after new scientific evidence cast reasonable doubt about her convictions.<\/p>\n
Minns said Folbigg\u2019s lawyers were free to sue the government if they felt the offer was inadequate, but he wouldn\u2019t budge without a court order.<\/p>\n
\u201cThere\u2019s no future action that cannot be pursued by Ms Folbigg or her lawyers,\u201d he said on Friday.<\/p>\n
NSW Attorney-General Michael Daley\u2019s office declined to comment when asked whether it would release the reasons for the decision.<\/p>\n
![\"Sam](\"https:\/\/www.europesays.com\/us\/wp-content\/uploads\/2025\/08\/f4faa7ace9f1d376ac1837f68a22fc5a2fa9e60e.jpeg\")
<\/p>\n
Sam Tierney.Credit: Steven Siewert<\/p>\n
Despite his former client\u2019s success, Tierney said Folbigg would struggle to appeal against the offer she received on Thursday.<\/p>\n
\u201cIf there are no reasons issued by the decision maker, then it\u2019s very difficult to attack the decision that\u2019s been made,\u201d the lawyer said.<\/p>\n
Unlike court-run compensation claims, which have precedents, ex gratia payments are one-off matters and are a decision of state cabinets.<\/p>\n
Arguing about the viability of a $2 million payment in a state budget of billions of dollars was \u201ca little trite\u201d, Tierney said.<\/p>\n
Against the NSW annual budget of $128 billion, the amount offered to Folbigg represents about 0.0015 per cent.<\/p>\n
Opposition Leader Mark Speakman said the government\u2019s offer was unfair and far too low.<\/p>\n
AAP<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"Secrecy surrounds why Kathleen Folbigg has been offered $2 million for decades of wrongful imprisonment, with concerns the…\n","protected":false},"author":3,"featured_media":128826,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[4740,50],"class_list":{"0":"post-128825","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-news","8":"tag-australia","9":"tag-news"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@us\/114992724433565332","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/128825","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/comments?post=128825"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/128825\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media\/128826"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media?parent=128825"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/categories?post=128825"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/tags?post=128825"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
![\"Kathleen](\"https:\/\/www.europesays.com\/us\/wp-content\/uploads\/2025\/08\/49570dc87275face540a15030d57d351bc08ae9e.jpeg\")
<\/p>\n