Bandali Debs set to testify in Victorian supreme court

One of Australia's most dangerous criminals, Bandali Debs, is set to get a break from his New South Wales Supermax prison, when he travels south of the border to give evidence at an extraordinary hearing.

Bandali Debs is set for a reprieve from his New South Wales Supermax prison, as he prepares to travel to Victoria to testify in court.

Serial killer Bandali Debs will get a break from his Supermax prison hell for a Victorian vacation when he is made to give evidence at an extraordinary hearing.

Debs is serving four life sentences without the prospect of parole in NSW’s Supermax Jail for the murder of Sydney prostitute Donna Hicks in 1995, the murder of Melbourne drifter Kristy Harty in 1997 and killing two Victorian policemen, Rod Miller and Gary Silks in 1998.

Jason Roberts, the partner of Debs’ daughter Nicole at the time, was also jailed for life after being convicted of the police murders.

But he has petitioned for mercy claiming new alibi evidence could clear him of the killings.

The case is currently before the Supreme Court.

At an administrative hearing today Justice Robert Osborn said Debs would be required to testify when the substantial hearing of the case gets underway in February.

Senior Constable Rodney Miller was killed by Bandali Debs in 1998. Picture: Supplied

Sergeant Gary Silk was also murdered by Debs. Picture: Supplied

Justice Osborn said it was the court’s view Debs should appear in person, meaning he would need to be transported from interstate.

He said consideration had been given to allowing him to appear via videolink, but it was the court’s view it would be more appropriate that he appear in court so he could more easily be shown exhibits during the hearing.

It is understood extra security arrangements have already been canvassed.

Lawyers working for Roberts have spent five years preparing his case, and feared they would have to abandon the hearing during a dispute with Victoria Legal Aid who is funding the appeal.

But the court heard today the matter had now been resolved and the case was on track for a substantial hearing in February.

Bandali Debs arriving at the Victorian Supreme court in 2002. Picture: Craig Borrow

Kristy Harty was found dead in Upper Beaconsfield after being murdered by Bandali Debs on 17 June, 1997. Picture: Supplied

Roberts has claimed he was not at the shooting scene when the murders occurred and that Debs acted alone.

Justice Osborn said the three Supreme Court judges to preside over the extraordinary hearing in February would visit the crime scene.

If they are ultimately satisfied with the evidence, the case will return to Attorney-General, Jill Hennessy.

Ms Hennessy will then decide whether to send Roberts back to the court stream where he can make a bid for freedom.

However new laws she tabled last week could fast track Roberts application.

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Currently petitions of mercy are made when convicted criminals have exhausted all of their avenues for appeal and the attorney-general considers whether to recommend the governor grants a pardon, remit the sentence, or refer it back to the Court of Appeal.

If the new laws pass, that responsibility will handed to the courts instead.

Peter Matthews, for Roberts, said today if that happened before the February hearing the petition for mercy could be substituted for an application for leave to appeal against his clients conviction.

Family members from both the Silk and Miller families were in court today.

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