Department of Justice advice on Jason Roberts’ mercy plea changed after Chief Commissioner submission
A LENGTHY submission from Chief Commissioner Graham Ashton changed advice from bureaucrats on whether convicted cop killer Jason Roberts should have a petition for mercy heard by court.
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A LENGTHY submission from Chief Commissioner Graham Ashton changed advice from bureaucrats on whether convicted cop killer Jason Roberts should have a petition for mercy heard by court.
Roberts, who was convicted for his part in the 1998 murder of police officers Rodney Miller and Gary Silk, had applied to have the special appeal heard by court, but was denied by Attorney-General Martin Pakula.
READ MORE: ROBERTS WAS NOT THERE: TOP COP
But in a letter released to State Parliament today, Mr Pakula has revealed the Department of Justice and Regulation initially said it would be appropriate for him to refer the matter to the Court of Appeal.
After considering the advice, Mr Pakula asked for a submission from Mr Ashton, which had not been sought at that point.
“A comprehensive submission was received from the Chief Commissioner of Police approximately three weeks later and this was forwarded to DJR for consideration,” Mr Pakula says.
“On the basis of all the advice and information including the additional material I had asked for, DJR recommended against referring Mr Roberts’ case to the Court of Appeal.”
The backflip by the department occurred earlier this year, after the initial advice in support of the petition for mercy was received in January.
Mr Pakula argues in his letter to the Legislative Council that he was within his rights to seek further advice, and that he was not required to accept departmental advice without uncritical examination.
Other documents, however were not produced by the government.
The government, however, identified 54 documents which it said “fall within the scope of the Legislative Council’s order.”
Overall Mr Pakula’s office produced 10 documents in full, three documents in part and refused to table 41 documents.
Shadow Attorney-General John Pesutto said the government’s credibility was on the line.
“Martin Pakula’s refusal to grant public access to key documents surrounding his handling of the Roberts petition will only reinforce calls for him to come clean on just what happened in this case,” he said.
“While Mr Pakula made the right decision in the end, the documents motion was made because of suggestions he initially decided to grant Mr Roberts’ petition after incurring expensive legal advice funded by taxpayers to support such a grant.
“The Attorney-General’s response to the Legislative Council documents motion puts his and the Andrews Government’s credibility on the line.”
Before denying Roberts’ petition, the file was sent to legal heavyweight David Grace QC by the government for an independent legal advice.
As revealed by the Herald Sun in July, Mr Grace sent it back to the government after several months of review in 2016 with a recommendation to send Roberts’ case back to court.
Roberts, who was convicted with co-accused Bandali Debs after a marathon 2002 trial, gave detailed statements to veteran homicide detective Ron Iddles in 2013.
No doubt has been cast on Debs’ guilt over the police shootings.
Mr Iddles, who led an operation codenamed Rainmaker, investigated Roberts’ claims.
In a detailed report he wrote, obtained by the Herald Sun, Mr Iddles found that on the “ balance of probability’’ Roberts was not at the crime scene in Cochranes Rd, Moorabbin, on August 16, 1998.