Inquest into the death in custody of Scott Simpson

On the first day of the inquest into the death of a prisoner Scott Simpson, then 36, who was found hanging in his segregation cell [solitary confinement cell] at Long Bay jail in 12-wing area 2, at approximately 8.45 pm on 7 June 2004, the court heard evidence that there was a bureaucratic problem that may have led to his death.

But his family has said that he didn't deserve to die behind bars.

Penrith police had originally charged Scott Simpson with malicious damage after striking a car windscreen with a baseball bat during a domestic dispute in March 2002, which landed him in custody.

He was sent to the Silverwater Remand Centre to await trial on the malicious damage charge.

On the first day that Scott arrived at Silverwater Remand Centre he was supposed to be assessed in relation to his medical condition. He was subsequently placed in a cell on his own, in the main prison.

But about an hour later a child sex offender X, who was on protection from the main prisoners who was brought up from Junee prison, was placed in the same cell with Scott.

In the morning the prisoner on protection was found dead in the cell.

Scott was subsequently charged with murder of X and sent to the High Risk Management Unit (HRMU) at Goulburn Correctional Centre.

The HRMU is a box within a box with no fresh air or sunlight used for the treatment of the worst of the worst offenders in the prison system, including some prison scapegoats alleged to be gang members and those that buck the system. The HRMU is also now used for suspected terrorist scapegoats dragged off the street by ASIO.

Shortly after Scott was sent to the HRMU the brother of the alleged sex offender, that Scott Simpson killed Mr Y, who was also in prison at Junee jail and also a sex offender, contacted Justice action with grave fears that, "he thought he was going to be next."

"My brother was sent to his death and placed into the main," he said.

"Am I going to be next? Will they do that to me?"

He was quite fearful that his brother might have been set up by the authorities and sent to his death. [My understanding is that is in fact the case.]

He asked Justice Action how he could avoid this danger? Justice Action reminded him that reporting it was the first step and that we would make some enquiries, which we did. But as usual when making enquires with the Department of Corrective Services we didn't get very far. But at least we could keep an eye on his case if there were any more problems.

Shinning a light by asking questions can prevent some abuse by authorities.

Justice Action also received numerous letters during that time from Scott during his 26-month lockdown.

"Mum, I'm freezing and starving," he said.

He told JA that he was being hit with microwaves and that ASIO was behind it.

He sounded acutely paranoid about his situation and it appeared that he was not getting any help. It also appeared that his psychiatric illness was being exacerbated by his segregation [solitary confinement] and it is our understanding that segregation causes mental illness.

JA followed his case and found the psychiatric report that was also available to the Department of Corrective Services, suggesting that they were well aware of his mental condition as a psychiatric report was obtained by the Serious Offenders Review Council for assessment.

The psychiatric report dated 7 January 2003, claimed that, " For the past 13 months or more Mr Simpson has been suffering from an acute psychotic major psychiatric illness."

Edited Conclusion:

Mr. Simpson is suffering from a mental illness as defined in the New South Wales Mental Health Act and requires treatment in a psychiatric hospital. He suffers from a psychotic disorder, which involves systematised paranoid delusions. He also has auditory hallucinations. Although he is receiving anti-psychotic medication, he remained psychotic at the time of the interview. He was clearly distressed and paranoid in his interactions with others. He has been in custody for almost four months.

If Scott wasn't getting any help with his psychiatric illness then it was clear to JA that it was possible he was being mistreated. It was also possible that he was not properly assessed on at least two of his last two placements and that had put him at risk.

Justice Action sent all the prisoners at the HRMU an authorisation to make some enquires on their behalf, as at least 25 prisoners had complained by then, of being mistreated in the unit. The authorities were telling them they were not segregated [in solitary confinement], when they insist they were. That they had to earn small things and that was insensitive to their basic needs. That they were not getting proper medial treatment had no constructive lifestyle, fresh air, sunlight or decent exercise, amongst many other complaints.

They sent their signatures on a signed application through another concerned person who had visited a prisoner at the HRMU.

Subsequently all the authorisations sent to the those prisoners who requested JA's help were confiscated by the Governor at the prison for approximately 11-13 months - during the period Scott Simpson remained helpless, sick and isolated.

(PIAC) the Public Interests Advocacy Centre was notified and assisted Justice Action to have the Governor and the Commissioner of Corrective Services review and release the authorities sent by JA so the prisoners could get help.

The reason the prisoners needed to send JA the authorities was because if those who want to assist them are not related to the prisoner then they are prevented from making enquiries about prisoners under the provisions of the Privacy Act. [?]

Why JA needed the authorities from the prisoners was because the signed application the prisoners had originally sent never specified Justice Action in particular. A catch 22 but it meant no help for all those who suffered and probably still suffer unbearable consequences in extraordinary inhuman conditions at the HRMU even today.

Tracey Simpson Scott's sister said, "Why did they put him in segregation for 26 months, locked down for 23 hours a day and no contact with human people?

In June last year Scott was found not guilty of the murder of his cellmate on the grounds of insanity because he suffered from schizophrenia.

A few days later Scott Simpson 34 was found hanging in his long bay segregation cell in 12-wing area 2, hanging by a bed sheet with a hand written letter to his family on the floor of his cell.

His family say that they warned authorities that Scott needed psychiatric help.

Detective Senior Constable Chris Hogan from Maroubra police has told the inquest that he could not contact the prison officer, Paul McCormack who was the first person to find Scott Simpson hanging and that he never obtained a witness statement from him.

When questioned further Constable Hogan told the court that McCormack had left the department of Corrective Services shortly after Simpson's death and that he had tried on numerous occasions to contact him but to no avail and that he was unable to get a statement from the prime witness.

The court asked Senior Constable Hogan if McCormack could be located to see what he has to say? Hogan acknowledged that it was important and said he'll do that!

The president of the Mental Health Review Tribunal professor Duncan Chappell has told Simpson's inquest that there was a beaurocratic problem that the Supreme Court did not pass on his papers for psychiatric assessment.

"We were not getting rapid referrals...we were simply not aware of Mr Simpson's case," he said.

Professor Chappell has told the court that as many as one time there could be as many as forty inmates waiting to be admitted to the jails psychiatric hospital. He said if there is no bed for them they are likely to be placed in another part of the prison system.

"There are simply not enough places in the hospital for the number of forensic patients that exist."

He said that this is a tragedy that should have been averted and that this is inadequate treatment of a forensic patient.

Forensic Psychiatrist Professor David Greenberg told the court that Simpson's psychiatric illness could have been made worse by his segregation [solitary confinement] depending on how he handled the isolation and his previous experience of that environment.

"In his acute psychiatric state he was at risk of self-harm", he said.

His sisters say that he should have been in hospital not solitary confinement.

His sister Kelly Simpson said, "They just locked him up and threw away the key, that's how I feel about it."

And Tracey said, "and then they tell us in the paperwork that a bed had become available to him when he died."

The Simpson's say that there brother was supposed to be receiving medication in custody yet he was found with just 3mg of paracetamol in his system.

Questions arise about the duty of care by DCS:

Why was Scott not diagnosed upon his arrival at Silverwater if he had a mental illness?

If he had been assessed as having a mental illness, would he have been placed in a difficult situation or with another person?

Why was a child sex offender put in the main and in Scott's cell? There is also an obligation because of peer pressure in the main to beat up a protection prisoner in the main or be put on protection for being a dog and not doing something about it!

Did the Department of Corrective Services have a duty of care 'not to place Scott in a difficult situation without any treatment?

Why was Scott not placed in a mental health facility if as the psychiatric report states he has a mental illness?

Why wasn't he sent to a hospital for treatment immediately after being found not guilty of murder due to mental illness and many months of segregation?

There is also another strange twist if you want to believe it is possible!

The authorities had known Scott Simpson very well from his previous time in jail, he was very well known by the system and they knew that he would stand up for himself and would not allow the authorities to compromise his human rights. That is if he had a way of preventing that from happening. In jail they call it staunch but outside they'd call it dissent! Standing up for your rights!

But in the HRMU there is no such thing, there are no hanging points and no way out but gas and then you will do anything that the authorities want, right or wrong.

Modern jails don't burn and modern glass doesn't break. One wonders whether Scott had some idea that he was going to be sent back to insanity, after all, he never made it for any sort of treatment?

Many prisoners in segregation self harm and I think if they could not escape it that would be insanity so the sight of prison bars in an old style jail could be seen as a chance to escape 'insanity'. [And in Solitary Confinement at Long Bay Prison that's where he found the bars to hang himself.]

So there is a greater possibility of suicide or I think in this case you may call it euthanasia. It's just a possibility that ran through my own mind having some understanding of what it's like freezing and hungry in a segregation [solitary confinement] cell in Goulburn in the middle of winter without any hanging points, to some people that could be unbearable.

The inquest continues for two days and then resumes on February 28 at the Glebe Coroners Court Sydney.

Death in custody: In memory of Scott Simpson

Scott Simpson 34 died in custody on 7 June 2004 leaving behind a child. It is alleged that he hanged himself in a segregation yard at Long Bay Prison Complex. Justice Action has reasons to believe that Scott had been mistreated from the time he was taken into custody and the subsequent events that ensued that led to his sad death. We think that his treatment may well have caused his death.

By Justice Action 28 November 05

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New rules in Goulburn prison

The following outline is provided as a guide to ensure a consistent and effective approach in dealing with charges and applying sanctions applicable to failed urine tests.

GOULBURN CORRECTIONAL COMPLEX: FAIL URINE TEST - MANAGEMENT GUIDELINES

In accordance with section 57 of the Crimes (Administration of Sentences) Act 1999 and section 152 of the Crimes (Administration of Sentences) regulation 2001, in dealing with a charge relating to this offence and given that the office is proven, an inmate may be deprived for up to six months (168 days) of such withdrawable privileges as determined to be suitable.

The following outline is provided as a guide to ensure a consistent and effective approach in dealing with charges and applying sanctions applicable to failed urine tests.

1 First Offence

1. Withdrawal of the following privileges for 42 days: 1. Contact Visits, 2. Access to private or any other television. 3. Access to private or any other walkman, radio/cassette.

2 Second Offence

1. Withdrawal of: 1. Contact Visits for 84 days,2 Access to private or any other television (56 days), 3. Access to private or any other walkman, radio/cassette (56 days), 4 Any organised leisure activities (Oval, Activities gym, etc) (56 days) 5. Activity purchases (56 days), 6.Hobbies (56 days)

3 Third Offence.

1. Withdrawal of: 1.Contact Visits for 126 days, 2. Access to private or any other television (56 days) 4.Any organised leisure activities (Oval, Activities gym, etc (56 days) 5.Activitiy purchases (56 days), 6. Hobbies (56days)

4. Fourth and subsequent Offences

1. Withdrawal of: 1. Contact Visits for 168 days 2. All privileges, except telephone, (56 days)

In addition to the application of sanctions, case management approaches will be implemented to identify issues and ensure appropriate support and programs for inmates to address offending behaviour.

In accordance with section 19.4.4 of the Operations Procedures Manual, minimum security inmates that return a positive result to a non-prescribed substance will be required to be re-assessed by the Case Management Team to review the inmate's security rating and submit a recommendation to the Case Management Committee .The security rating signifies a level of trust which is accorded to an inmate, and is part of the inmates's case plan.

Effective Date: 1 November 2005

Barry Folpp
General Manager
Goulburn Correctional Complex

Complaint: Sam Boyd

G-day People of J.A.,Hows it going out there in the big bad world? Do cars still have wheels? (and he hand-drew a cartoon smile)

On Sunday 17th we yard delegates were handed a slip of paper outlining Goulburn's new guidelines for inmates who fail urine tests.

We seek information on the following points;
1) Is this legal
2) Was there once a legal case where the removal of an inmates private
property was deemed illegal, some seem to say there was
3) Black deaths in custody
4) Those with psych problems
5) Is this just for Goulburn or statewide
6) Are all inmates subject to the same guidelines

Thank you for your time as we hope you can shed some light on our concerns

Sincerely

Sam Boyd

Comment: Brett Collins JA

We have just received a handwritten letter from the representative of the yard delegates asking us to find some information.

Their right to possess anything at all, their right to have access to the outside world, their right to hold their family and friends, and the right to hold them, is being challenged. Their right to listen to music, or have exercise or hobbies are also being threatened. They want us to help.

What shall we say?

I propose that we write back to them, saying that we will work with them to resist. That we want their families and friends to make contact with us to help. Together we will win. And enjoy our community to boot.

Down with torture! Stop the terrorism! Demand our rights be defended!

Comment: Brian Steels

Not having seen the 'guidelines' provided to prisoners, it is more difficult to assess the situation.

If it was to happen in WA I would ask for the guidelines to be made available publicly through Parliament. (A Question without notice is a good start, and I'm sure that you have a local pollie who will assist here. I use the Greens)

Then item by item see if the punitive measure is outside of the Australian Standard Guidelines and UN articles. They will be!

Ask families to write to church groups, human rights groups and your usual suspects to complain about such harsh treatment.

Here we have Prof. Richard Harding and the Inspectorate who would also assess the likely outcomes of the prison authorities acting on these guidelines.

THEN...I would hold a vigil/protest on the steps of Parliament...that works for me, although I'm feeling my age when it comes to a 24 hr vigil for human rights!

Overview Of Australian Justice And Prison Systems

(ii) The Standard Minimum Rules detail what is generally accepted as being good principle and practice in the treatment of prisoners and in the management of institutions. It is accepted that not all of the rules are capable of application in all places and at all times. The HRC has observed that there are certain minimum requirements which should always be observed. They relate, for example, to the minimum floor space and cubic content of the air for each prisoner, adequate sanitary facilities, clothing which is not to be degrading or humiliating, the provision of a separate bed, and the provision of food of nutritional value adequate for health and strength.

The rules make provision for the following matters, in general terms:

21. Every prisoner who is not employed in outdoor work shall have at least one hour of suitable exercise in the open air daily if the weather permits. Young prisoners, and others of suitable age and physique, shall receive physical and recreational training during the period of exercise. To this end, space, installations and equipment should be provided.

22-26. Every institution should have the services of at least one qualified medical officer who should have some knowledge of psychiatry. Prisoners must undergo medical inspection as soon as possible after admission; prisoners suspected of infectious or contagious conditions must be segregated. The medical services must include a psychiatric service for the diagnosis and, in proper cases, the treatment of states of mental abnormality, and each prisoner is entitled to the services of a dentist. Special accommodation must be provided for all necessary pre-natal and post-natal care and treatment. Where specialised treatment is required, the prisoner shall be transferred to specialised institutions or to civil hospitals.

27-32. Discipline and order shall be maintained with firmness, but with no more restriction than is necessary for safe custody and well-ordered community life.

No prisoner shall be employed, in the service of the institution, in any disciplinary capacity.

Conduct constituting a disciplinary offence, types and duration of punishment, and the authority competent to impose such punishment must always be determined by the law or regulation of the competent administrative authority.

No prisoner shall be punished unless he/she has been informed of the offence alleged and given a proper opportunity of presenting a defence (where necessary and practicable, through an interpreter). The competent authority shall conduct a thorough examination of the case.

Corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading punishments shall be completely prohibited as punishments for disciplinary offences.

Punishment by close confinement or reduction of diet or any other punishment that may be prejudicial to the physical or mental health of a prisoner shall never be inflicted unless the medical officer has examined the prisoner and certified in writing that he/she is fit to sustain it.

37-39 Prisoners shall be allowed under necessary supervision to communicate with their family and reputable friends at regular intervals, both by correspondence and by receiving visits. Prisoners who are foreign nationals shall be allowed reasonable facilities to communicate with diplomatic and consular representatives of their State.

Prisoners shall be kept informed regularly of the more important items of news by newspapers or radio or by any similar means as authorised or controlled by the institution's administration.

By Injustice posted 27 September 05

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NSW: The Hon Peter Breen: I have a long standing interest in Stephen "Shorty" Jamieson who has served 16.5 years in prison. A long affidavit among his papers caught my eye I began reading the document, which was prepared by a solicitor named Joanne Harris, who at the time represented Stephen "Shorty" Jamieson. Bronson Blessington swore to the truth of the affidavit and signed each page. One page said:

Stephen Jamieson had no part in the events that followed. He was not present at the kidnapping, rape and murder of Janine Balding. I know this because I was there and took part in these crimes. With me at the time were Matthew Elliott, Wayne Wilmot, Carol Arrow and Mark "Shorty" Wells. The only "Shorty" who came with us was Shorty Wells.

On the last page of the document, Blessington referred to an incident in the cells below Glebe Coroner's Court two months after the murder when the police brought in Shorty Jamieson. Blessington swore that he told his solicitor, Ken Gilson, that police had arrested the wrong Shorty.

Attached to the affidavit was a transcript of Gilson's evidence given in 1990 at the trial of Blessington, Jamieson and Elliot. Gilson's confirmed to the court that Blessington and Elliott both informed their legal representatives that Shorty Wells was the co-offender, not Shorty Jamieson.

Immediately below Gilson's evidence as described in the transcript was a notation indicating that the Attorney General had given legal protection to Shorty Wells in the form of an indemnity from prosecution. After 30 years in law, few revelations surprise me. Numerous prisoners say they are innocent--as the Minister frequently observed--although one prisoner declaring the innocence of another was unusual.

More disturbing was the Attorney General giving an indemnity from prosecution to someone who was alleged to be one of the perpetrators of the crime against Janine Balding. The indemnity mad no sense.

I learned from the affidavit the abduction, rape and murder of Janine Balding started out as a plan conceived by Matthew Elliott to steal the young woman's car. The five street kids surrounded her as she unlocked her Holden.

Wayne Wilmot entered a plea of guilty to the abduction and rape of the young woman. Wilmot's girlfriend In 1988, Carol Arrow, received a suspended sentence, as she was not considered a volunteer participant in the crimes of the co-accused. Matthew Elliot, I learned, had been transferred to Long Bay gaol under the witness protection program after he gave evidence about an assault with an iron bar in the yard at Goulburn gaol.

The prisoner told me he and Shorty Jamieson were both housed in B wing with the general prison population. This immediately suggested they are not considered by the prison authorities to be a danger to themselves or others. If they were two of the State's worst killers, I would expect them to be in maximum-security--the so-called Super Max section of Goulburn gaol. I also learned that Shorty Jamieson is the prisoner who is, supposed to look like an ape, although a small one at 145 centimetres tall and weighing around 45 kilograms.

I asked Blessington if he might be mistaken about which Shorty was involved in the crimes against Janine Balding. He said, "I swear to God Shorty Jamieson is innocent." Either the young man was lying, or he was peddling the same awful truth as the criminal law committee of the Bar Association. How could he persist with a lie for all these years of his incarceration and how could he lie in the face of the work he claimed to do for his God?

Enough questions were raised at the prosecution case against Jamieson to arouse my curiosity and I wrote to the Minister of Corrective Services seeking permission to visit the prisoner. In the weeks that elapsed before the approval came through, I spent several hours in the State Library reading press clippings of the arrest and trial of the offenders.

When I found nothing of any consequence about DNA evidence in the case, I reviewed my notes from a parliamentary inquiry by the Standing Committee on Law and Justice into new DNA laws. As a serving member of the Committee, I recalled evidence by Linzi Wilson-Wild of police forensic services to the effect that the first time DNA evidence was used in Britain in a homicide case it unexpectedly acquitted the alleged offender.

When Shorty Jamieson was arrested for the rape and murder of Janine Balding in 1988, DNA evidence had never been used in an Australian court. Today the genetic "fingerprint" evidence is routine and DNA profiling technology is so sophisticated that a person can be identified from a single cell left at the crime scene.

It occurred to me that DNA analysis of any surviving evidence after 14 years would be the first challenge, not to mention the problem of access since police hold all physical evidence from the crime scene in New South Wales. Following conviction of an offender, the head of police investigations decides whether the evidence will be retained.

The initial trial of Blessington, Elliot and Jamieson before Judge Wood was abandoned because of the "other Shorty" allegations and the disturbing headline, "Balding murder trial aborted as another 'Shorty' surfaces".

The article states: A Sydney judge yesterday aborted the trial of two youths and a man for the abduction, rape and drowning murder of building society clerk Janine Balding in Sydney's west last year.

Justice Wood dismissed the jury in the six-week old trial after police located a man who fitted the description of a person who was allegedly at the murder scene. Police launched their search for the man after evidence last week by the two youths.

The youths said their, co-accused Stephen Wayne Jamieson, 23 known as Shorty, had been wrongly charged and described another man, also known as Shorty, who they say was responsible.

Justice Wood said yesterday that the Crown had informed him the second Shorty had been interviewed by police. He cold not be named and had not been charged. Justice Wood described the abortion of the trial as regrettable and the circumstances as "extraordinary if not unique". The judge denied bail for Jamieson after an application by his counsel Mr Ted O'Loughlin, but said it might be appropriate to reapply at some time in the future.

By a cruel twist of fate for Jamieson, Justice James Wood did not adjudicate on the second trial, despite all the parties requesting that he do so and the judge indicating his desire to continue in the case.

This is the same Justice Wood who was appointed to conduct the royal commission into the police service in 1994, and the received wisdom is that the Crown had some distance to travel before satisfying Wood that Jamieson was the right Shorty.

I wondered what happened in the Supreme Court's list office to cause Justice Wood to be replaced by Justice Newman. In the old days, judge shopping was almost a blood sport amongst well-connected lawyers, although I have not heard such an allegation in 20 years.

I suspect there was some bureaucratic mix-up, or perhaps Wood himself decided that the case needed a fresh mind to sort out all the stories. Apart from wanting to know the details of the crimes against Janine Balding in order to identify the real perpetrators, I was also painfully aware that the young woman's parents would be mortified by any attempt to diminish the culpability of those already convicted by the justice system of degrading and then extinguishing the life of their beautiful daughter.

One part of me wanted to contact the Balding's and alert them to my efforts on behalf of Blessington and Jamieson, placing my actions in the context of the need to protect the justice system from corruption.

If I were in their position, how would I feel about a complete stranger opening old wounds on account of some fanciful idea that an injustice had been done? Another part of me understood that anything done to help convicted prisoners is condemned in the modern law and order State as an act of treachery against the victims of crime and their families.

On the other hand notifying Janine Balding's parents about my intensions seemed like the decent thing to do, rather than have them find out on the grapevine, so I contacted Janet Fife-Yeomans, who was Chief editor of the Australian newspaper and the co-author of a book.

The Janine Balding Story written with Janine's mother, Beverley Balding. Surprisingly, the journalist screamed at me like a banshee, telling me I was a waste of space, and that I should have better things to do with my taxpayer-funded time.

The next day, a five column article with photographs of Janine Balding and me appeared in the Australian under the heading. "They've got the wrong Shorty, says MP". It quoted Beverly Balding saying that she was devastated by my support for Jamieson and that I should be spending my taxpayer-funded time on "more worthwhile causes".

For two days I stayed out of sight while the radio commentators peppered the message bank service on my mobile phone. By the time I rang back, the story was no longer news, and nobody wanted to talk to me.

The reason for my surprise at the vehemence with which Janet Fife-Yeomans dismissed the Shorty allegation was that the journalist had written extensively--and fairly, I thought--about the consistent claim by Blessington, Elliot, Willmot and Arrow, that Shorty Wells and not Shorty Jamieson was their co-offender.

When Ross Coulthart of the Sunday television program became interested in Shorty Jamiesons's application to the Innocence Panel, Janet Fife-Yeomans sent him a copy of Judge Newman's Supreme Court judgement with a hand written note that concluded with words, "I really can see nothing of value in putting Shorty Jamieson up as a victim of injustice".

I wrote to Carmel Tebbutt, the Minister for Juvenile Justice, seeking permission to approach Lee Mansfield and Peter Irons for an Interview. Carmel Tebbutt had no objection to me contacting Lee Mansfield, but Peter Irons no longer worked for Juvenile Justice. Speaking with Lee Mansfield on the telephone filled me with hope that I could secure another independent opinion about Shorty Jamieson's conviction. I made a note in my file, and the note reads as follows:

Spoke to Lee Mansfield, manager of the Juvenile Justice Community Service Office at Blacktown. She was the Juvenile Justice Officer for Matthew Elliot and did a report and gave evidence for him at his trial.

She cannot give any information about Matthew Elliot because she was his case officer, but she can talk about Bronson Blessington...Matthew told her right from the beginning that the police had the wrong Shorty...After the boys were sentenced, she went downstairs at Darlinghurst court to the cells.

'The boys were in three separate glass cages. Matthew and Bronson had white shirts on and their faces were as white as their shirts. She spoke with Matthew while Peter Irons spoke with Bronson. Nobody was there for Stephen Jamieson because of the way he is. Bronson was curled up in a foetal position in his cell.

Peter Irons asked how he felt and he said, "I can only think about how Stephen Jamieson must feel". About a year after the three were sentenced, she spoke to Matthew and said, "Please tell me Stephen Jamieson was there that night". Matthew said, "I wish I could say something else, but he wasn't there".

Despite numerous additional telephone calls and letters to Lee Mansfield, she decided not to meet with me for reasons that remain unclear. The file not is the only independent record I have concerning the reactions of the three prisoners to their life sentences. Another call I received in response to the newspaper article turned out to be much more helpful. Peter Moss, QC, is the current head of the Serious Offenders Review Council [SORC].

During the application by solicitor Joanne Harris for a judicial inquiry into Shorty Jamieson's police record of interview, Peter Moss spoke with Matthew Elliott at Long Bay gaol and Matthew offered to provide an affidavit confirming that Shorty Jamieson was not involved in the crimes against Janine Balding.

Moss informed me that SORC made a submission to the Attorney General about the illegality of the cement law and he, Moss, was concerned that the submission did not surface in parliamentary debate on the bill.

One of the unfair aspects of the law, he said, was that it prevented a redirection in the security classification of the 10, prisoners, which meant they receive no incentives or rewards for good behaviour. Also, they could be housed only at maximum-security gaols at Goulburn or Lithgow, a cold and depressing thought for anyone facing a long stretch in prison.

Opportunities exist to visit other jails for legal and health reasons, but these opportunities are severely limited for life prisoners. A copy of the SORC submission appeared on my fax machine and it emphasised the injustice of the 10 "never to be released" prisoners being treated as a job lot by the new law. The submission stated in part:

Most importantly, no account is taken of their [the 10 prisoners] history since the commencement of their respective sentences, nor of evidence pointing in some cases, to considerable attempts having been made towards rehabilitation. The legitimate expectation each was entitled to have of eventually becoming eligible to apply for parole under the currently applicable principles of law has not been recognised.

Janet Fife-Yeomans' story in the Australian gave me something tangible and current to send to people who may be able to assist with information about Shorty Jamieson's case. I distributed copies to all the likely places with a covering letter.

I wrote to refuges, drop-in centres, hospitals and clinics in the city with a list of the street kids involved in the case, and inquiring about their present whereabouts. I forwarded a copy of the article to the Director of Public Prosecutions, Nicholas Cowdery, QC and asked for information, including details of the indemnity signed by the Attorney General to protect Shorty Wells from prosecution.

Nick Cowdery, in my opinion, is a giant amongst lawyers and one of few public figures in the law who is free to say what he thinks on account of the independence of his office.

I visited Dubbo to discuss the Janine Balding case with Senior Constable Steve Pearson who was involved in the investigation of the crimes against Janine Balding. The policeman said he still holds negatives on behalf of police and I wanted him to confirm that only two sets of footprints led into the dam at Minchinbury, those of Blessington and Elliott. Also I was interested in the result of the physical examination of Jamieson's shoes. Pearson could not recall receiving the shoes but promised to check his records.

One myth I wanted to explode with Pearson's help was the suggestion that any of the accused had anal intercourse with Janine Balding. Blessington, Elliott and Wilmot were all convicted of rape, but only Stephen Jamieson was convicted on anal the anal intercourse charge for which he was sentenced to eight years.

I remained baffled as to how the judge arrived at this conviction and sentence when the prosecution appeared to have offered no evidence for the allegation. I showed Steve Pearson the Coroner's medical report of Janine Balding's body from the mortuary and it clearly stated there was no interference with the anus of the deceased.

Pearson said he had spoken to Michelle Franco, the forensic biologist who examined the rectal swab taken by Dr Peter Ellis who performed the autopsy, and she, Michelle Franco, might be able to assist with my inquiries.

Detective Sergeant Carroll interviewed Wayne Wilmot in the presents of his mother at Campbelltown police station. Carroll asked Wilmot to describe in detail the boy Shorty. And "also the cloths he was wearing on that night". Wilmot provided a description of Shorty Wells. The description was as follows.

His name is Mark, 22 or 23 years of age, about 155cm, small build, skinny, white singlet, brown light leather jacket and a black leather jacket with ripped light blue jeans and black heavy boots, which go half way up your leg, he's got an orange moustache, orange hair, and hangs around up the Cross."

A week after the murder Detective Sergeant Raue spoke with a 17 year old street kid named Terrence Walsh at Parramatta police station. Walsh described himself as Lizzy Lopez' boyfriend and he claimed to have had a conversation with Matthew Elliott, Wayne Wilmot and a boy named Scott on Central railway station between 3.00 and 4.00 during the afternoon of the murder.

Walsh told Raue that Matthew said, "We are going to steal a car, then we are going to go to Sutherland and find a woman that they can rape". The boy also said to Raue, "When Matthew said that I took off." Raue asked Walsh if he new a person named Shorty and Walsh said he did. When asked to describe Shorty, Walsh also gave a description of Shorty Wells. The description was as follows:

About four foot eight, about 21 to 22, he wears black something like leather jacket with short sleeves and black T shirt with "metallica" written on it and he sometimes wears a headband. He wears black army type boots.

Up to this point, the police had the name of Mark and a description that fitted Mark Shorty Wells. And then the record of interview between Raue and Wash included a fateful question. Raue said to Walsh, "Do you know the person Shorty's full name?" Walsh answered, "I only know his first name is Stephen."

Now the police had one description and two names--Mark and Stephen. Raue proceeded to have the witness identify and sign photographs of Wilmot and Elliott. He asked Walsh had he ever seen Shorty in the company of Wilmot or Elliott and the boy said, "No". Had Raue shown photographs of the two Shortys to Walsh, he would have discovered that the boy new both of them.

Towards the end of the first trial, the Crown Prosecutor called Walsh to give evidence and asked him whether he knew a person named Shorty. Walsh said he knew two Shortys and he identified Stephen Jamieson in the dock as one of them. The other one had a black T-shirt under his jacket and black army type boots that "goes up past the ankles". This was the same description Walsh had given Raue a week after the murder. The Crown Prosecutor was so concerned about the Walsh evidence that the prosecution attempted unsuccessfully to have him declared a hostile witness.

Terrence Walsh's evidence degenerated into high farce as he lurched from one extraordinary detail to another. The "Scott" he observed at Central railway station in the company of Matthew Elliott and Wayne Wilmot was almost certainly Bronson Blessington, but the lawyers seemed to think the witness was referring to Scott Agius.

His description of the second Shorty he knew apart from Stephen Jamieson included the following: "The bloke I saw had skin over his eye". To me it looked like Shorty Wells with an eye patch, but I suppose you had to be there. None of the lawyers called Walsh to give evidence in the second trial, and he disappeared like a shooting star in the night sky, but not before setting the police on a course of inquiry they were not prepared to give up.

Working my way through the witness statements and transcripts of both trials, I realised that most of the witnesses who gave police eyewitness descriptions of a "Shorty" seemed to be describing Shorty Wells.

This evidence is far more persuasive than the evidence of the two witnesses who claimed to have seen Stephen Jamieson, that is, Elva Matyas and Simon Lonergan. Both came to light more than a year after the murder and both relied on media descriptions of Jamieson to prompt their recollections of the person they observed.

Simon Lonergan accompanied another witness, Matthew Simmons, when Simmons spoke to Matthew Elliott and the other offenders at the Mt Druitt Shopping Centre at about 8.30 pm on the night of the murder.

Simmons had quite a different recollection from Lonergan. Simmons' description of the Shorty he saw was provided to Detective Senior Constable Kitley on 10 September 1988, just two days after the murder, at Mt Druitt police station. The description was as follows:

One of the people he [Matthew Elliott] was with I would describe as being about 28 years of age, short, skinny build, was unshaven with a moustache. He was wearing motorbike boots over his blue jeans, denim jacket and he was carrying a plastic shopping bag.

Matthew Simmons gave evidence on the third day of the second trial in 1990. He identified Mark "Shorty" Wells as similar in appearance to one of the people he observed at the State Bank ATM at Mt Druitt shopping centre on the night of the murder.

Simmons also identified Blessington and Elliott in court, but he was not asked to identify Jamieson. Ted O'Loughlin for Jamieson asked about a bundle of twelve photographs shown to the witness by Detective Sergeant Rayment on 21 January 1990, more than 16 months after the murder. Simmons said that was the first occasion he had seen the photographs. He was never asked to attend a police line-up.

Kristine Mobberley was the first person the offenders tried to abduct from Sutherland railway station immediately before they abducted Janine Balding. Ms Mobberley provided a description that generally fitted Mark "Shorty" Wells to Detective Sergeant Smith on 9 September 1988--that is, the day after the murder--at Sutherland police station. The description was as follows:

The second fellow who was standing behind the first fellow when I first saw them was about eighteen [years] old, he could have been older, I think he was Australian, he had a real long face ad he had a bad pock marked face.

He was about five foot eight [inches] tall, slimmish in build, very dark brown hair, I think it was straight and it was collar length, maybe a little bit longer. He was wearing dark clothing at the time, jeans and possibly a jumper...One thing that I forgot to mention to you was that the second guy with the pock mark face was wearing a black cloth head band, which was about an inch to an inch and a half in width.

Kristine Mobberley gave evidence in both trials of Blessington, Elliott and Jamieson. Ted O'Loughlin did not ask the witness if she recognised Stephen Jamieson as one of the offenders in the car park at Sutherland railway station.

The barrister did ask if she recognised Mark "Shorty" Wells and she said she did not. Ms Mobberley said she was asked to attend only one police line-up on 4 October 1988 when she identified Matthew Elliott as one of the offenders. Neither Stephen Jamieson nor Mark "Shorty" Wells appeared in the police line-up.

According to the medical reports in the police brief of evidence, Mark Wells was diagnosed as suffering "acute exacerbation chronic paranoid schizophrenia", and he was delusional, experiencing auditory hallucinations that people were trying to kill or punish him.

Three months before the murder of Janine Balding, he informed a psychiatrist at St Vincent's Hospital at Darlinghurst that he killed a priest in Queensland when he was fifteen years of age and "nailed him to a wall". The psychiatrist said:

In other visits he had a preoccupation with guilt and was washing himself constantly in a ritual cleansing. He was prescribed anti-depressant medication, which improved his behaviour.

Mark "Shorty" Wells provided detectives with a detailed description of the abduction of Janine Balding. He qualified the information in court by saying he saw it in a dream. The most likely explanation for Wells' detailed knowledge of the events is he was there.

Blessington's barrister, Kevin Coorey, questioned Wells about the most incriminating piece of evidence against him, being the black headband. Wells acknowledged in that cross-examination that he was the owner of the black head band.

Police brought Wells to Sydney towards the end of the first trial and kept him in cotton wool. A leading silk, Bruce McClintock, QC--the same Bruce McClintock who has done the recent review of the ICAC--was assigned to Wells' case and advised him to claim the privilege against self-incrimination. Detective Rod Dayment of the Parramatta Homicide Unit interviewed Wells at the Darlinghurst court on the last day of the first trial.

Dayment told Wells in the presence of his lawyer that he was making enquiries into the abduction of subsequent murder of Janine Balding on 8 September 1988. The detective asked Wells a series of questions including: "Are you prepared to answer any questions or assist us further in this matter?

Are you prepared to supply police a sample of your blood? Are you prepared to be placed in a line-up? To each of these questions Wells replied "No" on McClintock's advice. During the second trial, the lawyer formally waived the privilege against self-incrimination on behalf of his client, ten days after the Attorney General's indemnity from prosecution was in place. This is one case, it seems to me, where a suspect needed all the protection the law had to offer.

Whoever was responsible for Shorty Jamieson's police record of interview, they greatly overstated the role of Wayne Wilmot in the crimes against Janine Balding. As the police investigation proceeded, it became apparent that the main perpetrators of the offences were Matthew Elliott and Bronson Blessington.

Carol Arrow was deemed an unwilling participant and all charges against her withdrawn. When Janine Balding was abducted, Matthew Elliott drove the car and Wayne Wilmot travelled in the front passenger seat. At some point on the journey to Minchinbury, Elliott stopped the car and got into the back seat.

Wayne Wilmot took over the driving and Carol Arrow sat next to him in the front. Just past the Archbold Road overbridge, Wilmot slowed the car and drove off to the side of the freeway as directed by Elliott. The car came to a halt about 30 metres beyond the grass verge near the edge of a paddock and waist-high barbed wire fence. Some 30 metres beyond the fence was a shallow reedy dam.

Detective Caroll interviewed Wilmot at Campbeltown police station on 11 September 1988 and the policeman asked Wilmot whether he had sex with Janine Balding . Wilmot answered, "No, I've got me own girl".

Wilmot also said that Elliott and Blessington had sex with the young woman in the back seat of the car while he and Carol Arrow remained seated in the front, which is consistent with Bronson Blessington's assurance that nobody had sex with Janine Balding except he and Matthew Elliott. What puzzled me was that Wilmot pleaded guilty to four counts of sexual intercourse without consent. I realised I needed to talk with Wayne Willmot and I found him at Lithgow Correctional Centre.

Wayne Wilmot has been a ward of the State since he was nine years old an lived on the streets of Sydney since he was fourteen. He is one of those unfortunate victims of life's fragile circumstances who seems destined never to learn from their errors.

He said he was "stitched up" for his latest crimes, committed while he was on parole for the crimes against Janine Balding and when I offered to assist him, he said, "It's no use--you can't beat the system."

I told Wilmot the way to beat the system is to do the right thing and he scoffed at the idea. I asked if he had sex with Janine Balding and he said he had his own girl. I said, "I thought you were very courageous to tell the Crown Prosecutor that Shorty Jamieson shouldn't go away for something he never done."

He replied, "They were wrong to put Shorty Jamieson away." I said, "You went away for something you never done--you didn't rape Janine Balding". "That's different", he assured me. "I did a deal with the coppers.

They agreed not to charge me with murder if I pleaded guilty to abduction and rape. What could I do?" I said, "But you didn't rape her!" He said, "That's the system. Like I say, you can't beat the system."

The Jamieson and Blessington case went to the Institute of Clinical Pathology and Medical Research's Division of Analytical Laboratories. It was subject to the processes of the Innocence Panel.

There were many months of correspondence, and issues were raised. Finally, when I must confess I least expected it, the Innocence Panel was suspended by the police Minister. It was suspended on the basis of Jamieson's application. In the best of the Westminster traditions when a government policy initiative self-destructs, the announcement of the disaster took the form of a press release from the Minister. Part of that press release is as follows:

Minister for police John Watkins today suspended the NSW Innocence Panel from taking further applications--pending a review of the operations of the panel and draft legislation being prepared. Mr Watkins said he'd acted after discussions with the Innocence Panel chairman, former Supreme Court judge Mervin Finlay QC, which raised questions about the current process.

Mr Watkins today said Stephen Wayne Jamieson, convicted over the rape and murder of Janine Balding in 1988, was one of 13 applications who had come forward since the Panel was created. Jamieson was convicted of murder by his own confession, and eyewitness testimony on his part in the horrific crime. In addition, he was convicted of abduction, four counts of sexual assault, and robbery. A 1992 application to the Court of Criminal Appeal, an attempt to seek leave to appeal to the High Court, and an application for a Supreme Court 'Part 13 A ' hearing were all dismissed...

"I'm suspending the operations of the Innocence Panel because I don't believe there are sufficient checks and balances to protect the victims of crime from further anguish. In this case, the Balding family has suffered enough and without legislation to underpin the Panel, the process just means more uncertainty and pain.

This is distressing and I believe the Panel needs legislative support to help it protect victims better. The Innocence Panel process, as it is, leaves too many questions unanswered. It should be more transparent for applicants, victims and their families. We need to clarify its operations and we need to get it right.

"The experience in this case tells me the system must be changed--to better protect the victims and protect the community." Mr Watkins said Ms Balding's parents were last week informed of these developments, in person, by a member of the Innocence Panel. "I've also offered them whatever assistance, counselling or support they may require," Mr Watkins said.

Indeed it is worth saying that the Innocence Panel doors still remain firmly closed. The Innocence Panel results most notably, the rectal swab was the only item to disclose DNA of anyone other than the victim.

This was extraordinary given my previous discussions with Robert Goetz and Michelle Franco of the Division of Analytical Laboratories to the effect that the previous testing of the rectal swab was likely to have destroyed any semen.

Back in 1988 the only genetic material that could be identified in the rectal smear was a single male reproductive cell, but 15 years later, according to the Innocence Panel, it had become possible to identify the DNA of two know individuals from the remnants of the rectal swab.

The written advice from the panel would not say who the two known individuals were, but Shorty Wells and Shorty Jamieson were both excluded the advice from the panel also said.

By Just Us 22 May 05

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