Major update on Janine Balding murder case

A new DNA test will be conducted in the investigation into Janine Balding’s horrific murder, as jailed killer Stephen “Shorty” Jamieson fights for his conviction to be quashed.

A new DNA test will be conducted on a black bandana used to gag murder victim Janine Balding 36 years ago which may prove a man jailed for life over her rape and murder, Stephen “Shorty” Jamieson, was the “wrong Shorty”.

In a stunning development, Supreme Court Justice Ian Harrison ordered that mystery male profiles, which began appearing on the bandana in 2014, be compared against the DNA profile of another “Shorty’’ — Mark “Shorty’’ Wells.

Janine Balding was raped and murdered in 1988.

According to court documents, Wells was questioned by NSW Police a year after the abduction, rape and murder of Ms Balding, a Sydney bank clerk, in 1988, and made admissions he was with the street kids who abducted her.

Wells, a homeless man, was never charged with any crime against Ms Balding and was considered an unreliable witness.

In 1990, when called as a witness at the murder trial, Wells denied during his testimony to any involvement in the brutal crimes against Ms Balding.

Stephen “Shorty” Jamieson is escorted by NSW police from Southport police station on his way to Brisbane Airport in 1988.

Four of Jamieson’s co-accused, however, testified at trial he was not with them on the night of the murder. Ms Balding was drowned in a Minchinbury dam, in Sydney’s west.

The legal fight to test the bandana against Wells’ DNA profile was initially brought before it by former politician and lawyer Peter Breen on behalf of Jamieson in 2023.

Mark “Shorty” Wells.

Stephen “Shorty” Jamieson.

Jamieson, who is jailed at Goulburn prison, is a never-to-be released inmate who has always maintained his innocence despite signing a detailed confession.

The Crown, acting for NSW’s police commissioner and attorney general, has fought against a judicial inquiry being ordered into Jamieson’s conviction and submitted any testing of the bandana against Wells’ DNA profile was unlawful.

In a submission to the NSW Supreme Court last year the Crown said it was “unable as a matter of law to compare Wells’ DNA profile’’.

But Justice Harrison did not agree.

Wells’ DNA profile will be compared against the bandana by NSW Forensic & Analytical Science Service.

Janine Balding was abducted and murdered in 1988.

The gravesite of Janine Balding.

In his ruling he stated that laws governing forensic procedure did not preclude it.

“It is not in question that Ms Balding was killed in terrible circumstances,” Justice Harrison said.

“The crime attracted extraordinary publicity. It caused 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,” he said.

“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.”

Justice Harrison said that if Wells’s DNA was on the bandana, that was not enough on its own to prove Jamieson’s innocence.

“Mr Jamieson accepts that any finding that it is Mr Wells’ DNA on the bandana will not by itself exculpate him for the murder of Ms Balding,” he ruled.

“However, Mr Jamieson maintains that it may, when marshalled with other evidence, give rise to a doubt or question as to his guilt.”

Wells’ DNA profile will be compared against the bandana by NSW Forensic & Analytical Science Service with the results to be known by March 19 when the court reconvenes.

If Wells cannot be excluded as a contributor to the bandana, the court will then decide whether to hold a judicial inquiry.

Mr Breen said that if the testing does not exclude Wells as a contributor to the bandana the court would be justified in ordering an inquiry into Jamieson’s conviction.

“Stephen ‘Shorty’ Jamieson has always maintained he is innocent,” he said. “This test could prove that he is.‘’

Ms Balding’s brother, David Balding, was contacted for comment. He has previously said the “right Shorty” was convicted and jailed.

Originally published as Major update on Janine Balding murder case