Around midnight on 16 August 1998, Sergeant Gary Silk and Senior Officer Rodney Miller stopped a car on Cochrane’s Road, Moorabbin, south of Melbourne.
They were shot dead on a suburban street after approaching the vehicle, both of them died that night.
The events sparked a two-year human hunt, with Victoria Police offering their highest reward of $ 500,000 for information about the murder, and in July 2000, Bandali Debs and Jason Roberts were arrested for the murders.
Since his arrest, Roberts, who was 17 at the time of the shootings, has maintained his innocence regarding the murders.
After two decades involving a series of unsuccessful lawsuits, an anti-corruption investigation and finally a new trial ordered in 2019, the decision of a Supreme Court jury to acquit Mr Roberts put an end to to his 22-year stay in prison.
The road to yesterday’s decision and the next steps Mr Roberts could take are not easy, but the now 41-year-old will try his hand at freedom and prepare for at least one more court appearance.
Gary Silk (left) and Rodney Miller, both Victoria police officers, were shot dead in the Melbourne suburb of Moorabbin in 1998. (ABC News)
Why was there a new trial?
More than a decade after Mr. Roberts’ conviction, new evidence emerged from an investigation by the Broad-based Independent Anti-Corruption Commission (IBAC), which claimed that police officers had manipulated evidence in the case.
The IBAC investigation found that a statement made by Agent Pullin about the dying words of Senior Agent Miller, which is said to have been written hours after the events, was actually written 10 months after the events. murders.
Agent Pullin claimed Miller had referred to more than one criminal, a central argument in the 2002 murder trial.
In addition, several officers gave false evidence under oath and the police statements were altered or completely destroyed.
The Supreme Court later concluded that Agent Pullin’s actions “corrupted the fairness of the appellant’s trial to poison him to the root.”
Based on the new revelations, the Court overturned the charges and ordered a new trial, alleging an “underlying public interest in the prosecution of very serious crimes.”
The Supreme Court held that the evidence provided by the IBAC raised “a serious question” about the fairness of the trial. (ABC News)
The jury finds in favor of Roberts
The new trial lasted three months, involved nearly 100 witnesses and was hampered by the dismissal of the jury after two jurors fell ill.
Debs, 68, whose daughter Roberts was dating at the time, told the court that Roberts was in the car with him the night of the murders and they were both armed.
The couple had carried out a series of armed robberies together before the murders.
However, Debs denied having shot Sergeant Silk and stated that he heard shots coming from Roberts’ direction during the shooting.
In his own testimony, Roberts denied being present at the murders and said he was at his girlfriend’s house.
He blamed Debs for the two murders.
Bandali Debs and Jason Roberts gave conflicting testimonies during the new trial over who was present during the shootings. (ABC News)
Attorney David Galbally AM QC said the setback and change of evidence during the investigation would have been a major concern for the jury.
“It seems that certainly the authorities, that is, the police, would have decided to make sure that this man is convicted,” Galbally said.
“They have formed the view that he is guilty and have acted as a juror, judge and executioner.”
After deliberating over the weekend, the jury found Roberts not guilty of the murders.
What happens now?
Although Roberts has been acquitted of murder, he still faces charges of armed robbery, which he had admitted to having committed along with Debs.
He immediately applied for – and was granted – bail, but will have to return to the Supreme Court in September for a pre-sentencing hearing with impact statements from the victim.
Restaurant owners tormented by Mr. Roberts during his armed robberies will be present to testify.
Then questions will arise as to whether Mr. Roberts will seek compensation for his 22 years in prison for the murder conviction.
Possible civil actions can not only be taken against Victoria police, but also against the Victorian government, leaving taxpayers to pay a “significant” compensation bill.
“It would be a major action in terms of damages. I don’t know how to compensate someone for deprivation of their liberty during that time period,” Galbally said.
“You would certainly be talking about millions and millions of compensation, but even millions and millions of compensation will not compensate for what has happened to you.”
How did Victoria police react to the verdict?
Victoria Police Chief Commissioner Shane Patton said the verdict had been disappointing, but did not comment further on whether it would be considered an appeal.
“Any consideration regarding this verdict is a matter for the director of the prosecution,” Chief Commissioner Patton said.
“We presented, what I thought, a very substantial set of evidence and a very strong case and I don’t think it can take the matter beyond that.
“Outside of adversity we will continue to move forward … We will come together and continue to do what we do and be strong.”
Shane Patton says the verdict was a disappointing conclusion to a 24-year investigation. (AAP: James Ross)
Chief Commissioner Patton also declined to comment on any of the misconduct of Victoria police officers described by the Court.
Jeremy King is a specialist in police misconduct with Robinson Gill Lawyers. He said the Jason Roberts case highlighted a trend in Victoria police behavior.
“There’s a bit of a pattern here and a bit of systemic misconduct when it comes to handling evidence and what evidence goes to the defense attorney and what is withheld,” King said.
“It undermines the public’s faith in the criminal justice system and in the police in Victoria.”
King said he believed the truth was unlikely to have come to light if Victoria police had allowed themselves to be controlled.
“What this proves is that unless you have independent oversight of Victoria police, they will never be questioned or held accountable for their actions,” he said.