The NSW Police commissioner will be ordered to facilitate fresh forensic testing sought by one of the men convicted over Sydney woman Janine Balding’s rape and murder, in a move that may open the door to an inquiry into his conviction.
Balding’s abduction from Sutherland station and murder in Minchinbury on September 8, 1988, shocked Sydneysiders and devastated her family. She was 20.
Janine Balding, 20, was murdered in 1988. Stephen Wayne “Shorty” Jamieson at the time of the murder.
Stephen “Shorty” Jamieson was convicted in 1990 over the abduction, rape and murder of Balding, along with Bronson Blessington and Matthew Elliott. Jamieson was 22 at the time of the crime, while Blessington and Elliott were 14 and 16. All three were jailed for life.
Jamieson is seeking a court order that a “partial weak male DNA profile” from part of a bandana found at the crime scene should be compared with the DNA profile of a bandana-wearing man with the same nickname, Mark “Shorty” Wells. That DNA profile is held by Queensland authorities.
Jamieson contends the other “Shorty” was at the scene.
In a decision on Monday, NSW Supreme Court Justice Ian Harrison said he considered that “a compliance order should be made by me ... requiring the commissioner of police to comply with Mr Jamieson’s request” to facilitate testing by the NSW Forensic and Analytical Science Service (FASS).
“[The] interests of justice and the public interest in maintaining the integrity of convictions call for the testing to be undertaken,” Harrison said.
The judge said a failure to do so “would in my opinion create an enduring sense of community unease”.
Harrison has not yet formally made that order, but it is expected to be made shortly.
Jamieson is ultimately seeking an inquiry into his conviction, but Harrison said in court on Monday that that application “can’t be dealt with … until we have access to the [DNA] material”.
In his written decision, Harrison said it was “not in question that Ms Balding was killed in terrible circumstances”, causing “great distress to her family and friends, as well as to the community in general”.
“It is therefore important to recognise that these legal proceedings have the regrettable and unavoidable potential to revive unpleasant memories for very many people.
“However, it is also critical to ensure that any criminal conviction is based on reliable evidence and that the rights of all accused are protected throughout the judicial process.”
The judge said that “none of those convicted of Ms Balding’s murder, including Mr Jamieson, was a contributor to the DNA” recovered from one part of the bandana.
FASS expert Clinton Cochrane gave evidence in court last year that Jamieson was excluded as a possible contributor “if … that profile originated from a single individual”, as were Blessington and Elliott.
Harrison said that Wells, an acquaintance of the convicted men, “has not been excluded as a contributor to the DNA on the bandana” although “his DNA is physically available for comparison”.
Harrison said Mark “Shorty” Wells was called to give evidence at the trial in 1990 by Jamieson’s defence barrister.
“When first asked, ‘[h]ave you ever heard of a person by the name of Janine Balding’, Mr Wells responded: ‘I don’t want to answer any of these questions because they might incriminate me’,” Harrison said.
“The Crown then indicated that the Attorney General had provided limited indemnity against prosecution to Mr Wells in respect of his testimony. Mr Wells accepted that he met Mr Elliott and Mr Blessington on 8 September 1988. However, in later questioning he denied being with the group on the night of the murder.”
Harrison said that Jamieson accepted that “any finding that it is Mr Wells’ DNA on the bandana will not by itself exculpate him”. However, Jamieson contended it may “give rise to a doubt or question as to his guilt” when marshalled with other evidence, including expert linguistic analysis of his “confession” to police and “the testimony of his co-accused who all say he was not present when the crime was committed”.
The judge said Jamieson also accepted that if Wells were excluded as a contributor to the DNA on the bandana it “would not assist him in his quest for an inquiry into his conviction”.
Wayne Wilmot, who was 15 at the time of the crime, was convicted and jailed for kidnapping, robbery and rape for being part of the “joint criminal enterprise” by driving Balding’s car, which was used to abduct her. Wilmot was released on parole for those crimes in 1996 but has since returned to prison.
The court heard last year that Wilmot had also been excluded as a possible contributor to the “partial weak male DNA profile” derived from the bandana.
The other men convicted along with Jamieson are not seeking an inquiry into their convictions.
The parties return to court on March 19.
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