Wilmot,51,will initially be under an interim supervision order involving strict conditions,including electronic monitoring,after a decision last week by NSW Supreme Court Justice Helen Wilson.
Wayne Wilmot,left,at court with police officers.Channel Seven
As the matter returned to court in Sydney on Thursday morning,Justice Dina Yehia set June 28 for a hearing on an extended supervision order sought by the state. A previous application to the court indicated the state wanted Wilmot to be supervised for five years. Wilmot himself described the prospect of such orders as “bullshit”.
Wilmot was incarcerated when he was 15 and has spent more than three decades behind bars,except for a 20-month stint in the late 1990s during which he committed multiple violent assault and sexual offences against women.
The exact date of his release and the location of his accommodation cannot be reported due to an order of the court.
Janine Balding,20,was abducted,sexually assaulted and murdered by a gang of youths in Sydney in September 1988.Supplied
However,the court on Thursday heard Wilmot would be out by the time his June hearing rolls around,which means he could attend in person. His barrister Dev Bhutani indicated his client’s current detention was due to expire “in a few weeks”.
NDIS support upon release
According to Wilson’s judgment on April 5,Wilmot has obtained support through the National Disability Insurance Scheme (NDIS).
“[It] will provide the defendant with,among other things,eight hours of support for assistance with daily life each week and 16 hours weekly of assistance with social,economic and community participation,as well as access to behaviour and health support professionals,” it states.
“The funding for this support will continue,at this stage,until 11 January 2025.”
This aspect of Wilmot’s release has stirred up tensions between the state and federal governments.
Federal NDIS Minister Bill Shorten this week said he would be writing to state governments to demand they tell the National Disability Insurance Agency (NDIA) when serious criminals are released from jail.
Shorten said his agency should have the power to look at a person’s criminal history before they join the scheme. He said he would be asking a panel of former police officers to review the safety of NDIS workers tasked with providing support services to serious criminal offenders.
“The NDIS cannot be the dumping ground for state justice systems to keep Australians safe from violent criminals,” Shorten said.
He added:“We do not believe it is appropriate for this person to receive NDIS funded community supports in this case,and we are working to ensure this is the outcome within the law.”
Responding to Shorten’s comments,a NSW government spokesperson said the state was not responsible for approving NDIS packages,and those decisions were made by the NDIA.
“The scheme is co-funded by federal,state and territory governments – in 2023/24 the NSW Government will contribute $3.81 billion to the NDIS,” the spokesperson said in a statement.
“There was nothing stopping the Federal Minister from tidying up dodgy practices in the NDIS through legislation with state and territory support last year.”
‘Psychopathic personality traits’
The state successfully fought in 2019 and again in 2023 to keep Wilmot behind bars under continuing detention orders.
In a November 2023 risk assessment report,a psychologist from the high-risk offender’s team said Wilmot demonstrated “psychopathic personality traits”,had no concern or empathy for others and continued to deny or minimise his disturbing history of sexual offences.
“He has negative and sexist views of women and is supportive of sexual violence towards women,deeming them to deserve sexual violence depending upon their clothing,level of intoxication,or perceived permissiveness,” psychologist Sarah Wright wrote.
“The defendant accepts that the imposition of an order is inevitable,but regards it as ‘bullshit’ nevertheless.”
Wright considered “any risk scenario … is most likely to involve a penetrative sexual attack upon a young woman previously unknown to him”.
He has negative and sexist views of women and is supportive of sexual violence
Sarah Wright,psychologist
“Any offence would probably be impulsive,opportunistic,and target a vulnerable woman,” she said.
“Physical coercion and threats would likely be employed. The risk of such a scenario eventuating is well above average. The risk of violent re-offending is even higher.”
Wilson imposed a 28-day interim supervision order to take effect upon Wilmot’s release.
She said Wilmot continued to pose a “significant risk” to others,and an “unacceptable risk of committing another serious offence if not kept under supervision”.
Wilmot’s conditions include wearing an electronic monitoring device,living in a “high level” supervised environment,under a 9pm to 6am curfew,not having a passport and not using drugs.
He cannot leave NSW without the approval of the Corrective Services Commissioner. Unless approved by a departmental supervising officer,Wilmot is not to change his name or significantly alter his appearance,drink alcohol or enter parks,licensed premises or places related to sexual services or sexually explicit entertainment.
The parties will make submissions in June regarding what conditions should be attached to any ongoing order.
Balding co-offender seeks inquiry into conviction
Wilmot was among five youths who forced Balding into her car at knifepoint at Sutherland train station on September 8,1988.
According to the facts,Wilmot drove as Balding was sexually assaulted on the journey,then bound and drowned in a dam at Minchinbury. He remained in the car with a girl while three others killed Balding.
Wilmot did not rape Balding,but was sentenced in 1990 for charges including abduction,robbery and sexual intercourse without consent due to being part of the “joint venture”. The judge accepted Wilmot “knew nothing of their decision to kill her afterwards”.
Wilmot was jailed for nine years and four months over the crime,with a non-parole period of seven years,and was released on parole in October 1996.
one of Wilmot’s co-offenders in the Balding attack,Stephen Wayne “Shorty” Jamieson,is seeking an inquiry into his conviction,which would include analysing DNA from a bandana found at the scene. Jamieson has asserted he was not present and may have been mistaken for another person by reason of his nickname.
Jamieson’s matter before Justice Ian Harrison returns to court in May.
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