The John Tonge Centre, DNA evidence and miscarriages of justice - Part 3

In 2001 the NSW Carr Government enacted legislation to cement ten of the State’s worst criminals in their cells by marking their files “NTBR - Never To Be Released”. “Shorty” Jamieson was among those targeted by the new legislation along with the other two Janine Balding murderers who were 14 and 16 respectively at the time of the murder.

In 2003 the NSW Premier, Bob Carr, announced the formation of an “Innocence Panel” in NSW comprising representatives of police, the Director of Public Prosecutions, the Privacy Commissioner and victims of crime. It was the first official body in Australia to review convictions where new DNA evidence had come to light and claims of innocence from prisoners could either be established or refuted. The purpose of the panel was to look at the material and where it thought the prisoner might have a reasonable case, to send that case back into the court system.

The panel swiftly ran aground after “Shorty”’ Jamieson made an application to have his murder conviction reviewed.

Despite the lack of forensic evidence at his trial Jamieson was the only person convicted of having anal intercourse with Janine Balding prior to her death. He applied to the Innocence Panel to have her underwear, and swabs from the rape kit tested for DNA. The Innocence Panel recommended the new DNA tests be carried out.

The results of the new DNA tests came through simultaneously with an announcement from the NSW Minister for Police, Mr John Watkins, that the Innocence Panel would be immediately suspended. Mr Watkins published a press release that said:

Mr Jamieson’s case before the Innocence Panel is a matter of great concern because of the effect on the family of the victim and as a result of issues raised in the Jamieson case that they hadn’t considered, the panel would henceforth be suspended.

The DNA test results showed evidence that two people had anally raped the deceased. “Shorty” Jamieson was not one of them. The NSW Innocence Panel was suspended as a result of the findings while the political implications dictated that a convicted killer with his papers marked “NTBR” remains in jail with a letter confirming DNA evidence points to someone else being responsible for the crime he was imprisoned for.

“Shorty” Jamieson sought independent legal advice and he is now seeking a judicial inquiry into his conviction.