Never To Be Released?

January 25, 2026·50 min·4 clips

A former MP claims two men serving life for brutal murders are innocent and weren't even at the crime scenes.

A Sydney case is moving toward another judicial inquiry. Peter Breen explains why the Janine Balding convictions still bother him, even with the terrible facts of the case. The history is grim. The episode opens by putting Anita Cobby and Janine Balding beside each other as cases that pushed New South Wales toward rare, severe punishment. Breen questions how certain that punishment should feel now. He talks about men he believes may not have been present, and about evidence he says deserves a proper modern hearing. DNA is the live wire in the story. Breen describes trying to access a bandana for newer testing because he believed the technology had improved enough to warrant another look. Then the legal path stalls. His civil application was moving ahead, he says, until the judge retired and the case had to be withdrawn. The host asks the obvious thing: if a judge retires, why can't the next one simply pick it up? Breen answers plainly. Once Legal Aid became involved, a fresh application for another judicial inquiry became the way forward. That inquiry now carries the weight. Breen says a judge, dates, and counsel assisting are expected for a new process in 2026, hopefully sooner rather than later. He also points to further Crown DNA testing, a Police Integrity Commission inquiry, and an original fingerprint case file as material that may finally get aired. The tone stays grave without turning theatrical. By the end, the conversation has shifted from legal process to prison danger, time served, and duty of care. The episode closes with support contacts for Lifeline, 1800 RESPECT, and 13YARN after a very heavy discussion.

As heard by us

A careful look at contested identity, life-without-parole legislation, and a decades-old case heading toward renewed scrutiny.

Never To Be Released? revisits the Anita Cobby and Janine Balding murders through a narrower, unsettling question: whether the special New South Wales laws that kept young offenders in prison for life can stand unchanged when identity, evidence, and procedure are being…

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Why you'd press play

For a careful look at the "cemented in" sentences still being challenged.

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