Bandali Debs claims he was lone gunman during Silk-Miller murders
CONVICTED police killer Jason Roberts’ bid for freedom has been boosted by a report revealing serial murderer Bandali Debs “recently” told two people on separate occasions that he was alone on the morning he killed officers Gary Silk and Rodney Miller.
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CONVICTED police killer Bandali Debs “recently” told two people on separate occasions that he was alone on the morning he killed officers Gary Silk and Rodney Miller, an explosive report reveals.
The Andrews Government on Monday released a detailed recommendation from retired Supreme Court judge Bernard Teague regarding the conviction of Jason Roberts over the police murders in Moorabbin in August 1998.
Justice Teague, who has spent three months reviewing Roberts’ bid for freedom, following revelations in the Herald Sun, highlighted the significance of “evidence of Debs having recently told two persons on separate occasions that he went out alone on the night of the shootings”.
MORE: JASON ROBERTS WINS RIGHT TO RETURN TO COURT
ROBERTS ‘WAS NOT THERE’, RON IDDLES CONCLUDES
In his four-page report, Justice Teague concluded there was “significant public interest” in having a court consider the credibility of a recent alibi provided by Roberts and his former girlfriend, Nicole, the daughter of Bandali Debs.
In 2013, Nicole Debs backed a new statement by Roberts that on the morning of the shootings, they were in bed.
In her statement, revealed in the Herald Sun last year, she said: “I do not want to see Jason Roberts and I can assure you I would not lie for him.
“What I want to do is set the record right, and confirm with you Jason Roberts was home with me on the night of 15 August, 1998.”
Justice Teague said her new evidence was central to the assertion in Roberts’ petition that it is “reasonably arguable that the Court of Appeal would find there has been a substantial miscarriage of justice”.
READ JUSTICE TEAGUE’S FULL RECOMMENDATION HERE
He added that other material, including that Debs had said he was alone, which should also be considered, had persuaded him to recommend that the case go back to court.
Further evidence to be considered includes:
INTERCEPTED phone conversations, not aired at the trial, that “possibly’’ support Roberts’ version that Debs acted alone in the murders;
EVIDENCE relied on at the trial which was “not generally inconsistent’’ with a scenario that Debs committed the murders alone and Roberts aided in concealing evidence; and
ROBERTS’ reasons for delaying giving evidence in his own interests, implicating Bandali Debs, until 2013.
Justice Teague said Roberts had asserted that they were in the same prison and he was afraid of Debs, a convicted serial killer.
Roberts also asserted that Debs had promised that if they were convicted of the murders, he would swear an affidavit that Roberts was not involved.
Justice Teague also referred to an “altered’’ statement made by Senior Constable Glenn Pullin, who comforted the mortally wounded Miller.
The officer testified at the trial that his statement, dated on the morning of the shootings, was accurate. However, a buried original statement uncovered by the Herald Sun in November last year showed he had made a second statement which was presented as an original. The original statement lacked the word “they”, referring to multiple offenders.
Victoria’s Independent Broad-based Anti-corruption Commission is investigating that matter.
Justice Teague said this had not been as a “determinative factor’’ in his recommendation, but “if that evidence is what it appears to be, it shows that Pullin had not said in his original statement that a wounded Miller had used or adopted the word ‘they’’ in reference to the offenders”.
“The alleged original Pullin statement calls into question evidence of words spoken by Miller indicating two offenders,’’ he said.
As previously reported by the Herald Sun, Roberts has admitted to being involved in carrying out 10 armed robberies with Bandali Debs, and to being an accessory to murder.
He has admitted to aiding Debs in repairing the Hyundai Excel, which was damaged during the shootings, and to concealing evidence, including by hiding the guns used in the Silk-Miller murders.
HOW IT UNFOLDED
MARCH-JULY 18, 1998: String of restaurant armed robberies committed by Bandali Debs and Jason Roberts. They are dubbed the Hamada robberies
AUGUST 16, 1998: Sgt Gary Silk and Senior Constable Rodney Miller are conducting a stake-out outside the Silky Emperor Chinese restaurant to find two armed robbers. They are shot after pulling over a blue Hyundai
LATE 1999 TO AUGUST 2000: Victoria Police executes a clandestine listening device operation on two suspects, Bandali Debs and Jason Roberts
JULY 25, 2000: Debs and Roberts are arrested over the murders. Police charge Debs and release Roberts before charging him on August 15
DECEMBER 31, 2002: Bandali Debs and Jason Roberts are found guilty of the Silk-Miller murders in the Supreme Court and later sentenced to life in prison
FEBRUARY 24, 2003: Roberts and Debs sentenced to life in prison
NOVEMBER 18, 2005: High Court dismisses appeal
JUNE 22, 2007: Debs sentenced for murdering Kristy Harty
FEBRUARY 26, 2009: Barrister Sean Grant alerts Victoria Police to Roberts’ claims of innocence
FEBRUARY 24, 2012: Debs sentenced for murder of Donna Hicks
DECEMBER 2012: Director of Public Prosecutions John Champion, SC, meets veteran homicide detective Ron Iddles, instigating a review of Roberts’ conviction.
MARCH 26, 2013: Roberts gives new statement to Mr Iddles
NOVEMBER 12, 2013: Nicole Debs gives new statement
DECEMBER 4, 2013: The Operation Rainmaker report by Sen-Sgt Iddles to the Office of Public Prosecution casts doubt over Roberts’ conviction. Sen-Sgt Iddles finds that on the basis of probability, Roberts was not at the crime scene
SEPTEMBER 2014: New lawyers asked to work on Roberts case
SEPTEMBER 14, 2014: Roberts writes letter to Debs asking him to tell truth about police shootings
MARCH 2015: Former police officer Glenn Pullin — who comforted the wounded Sen-Constable Miller — confesses to Mr Iddles that he altered the statement he made hours after the murders. The additional material had indicated there was more than one offender
LATER IN 2015: Independent Broad-based Anti-corruption Commission investigates issues surrounding police statements made by officers who attended Sen-Constable Miller. IBAC does not make adverse findings after Mr Pullin testifies he had lied to Mr Iddles about making a second statement
M ID 2016: Attorney-General Martin Pakula receives Roberts’ petition for mercy
SEPTEMBER, 2016: David Grace QC engaged by Mr Pakula to give legal opinion
DECEMBER, 2016: Government receives David Grace’s advice that the case should return to court
JANUARY, 2017: Attorney-General Martin Pakula set to announce Roberts case has merit and will allow appeal
MARCH, 2017: Mr Pakula denies Roberts’ petition for mercy. He rejects initial recommendations by the Department of Justice and independent legal advice to refer the case back to court. He requests and relies on a Victoria Police submission to deny the petition. He has since refused to release the documents
JULY, 2017: The Herald Sun reveals a police interview with Roberts’ ex-girlfriend, Nicole Debs, corroborates Roberts’ alibi that he was with her at home on the night of the murders
LATE 2017: The Herald Sun obtains a copy of Mr Pullin’s buried original police statement from a high-level whistleblower and shows it to Mr Iddles
NOVEMBER, 2017: The Herald Sun publishes fake documents revelations. Mr Iddles takes the document to IBAC which re-launches police corruption investigation. Mr Pakula invites Roberts’ lawyers to re-submit a petition for mercy
MARCH, 2018: Roberts’ legal team re-submit petition for mercy. Mr Pakula engages retired Supreme Court justice Bernard Teague to give independent legal opinion
JUNE 2018: Mr Teague recommends evidence be referred back to the Supreme Court Trial Division to assess credibility of the Roberts alibi
AUGUST 6, 2018: Mr Pakula announces his decision to refer part of the Roberts case to the Supreme Court for a preliminary decision