IBAC inquiry into Silk — Miller murders hears highest level of command were aware of improper statement taking
The highest level of command in the Silk-Miller murder investigation was aware of improper statement taking practices that were “endemic” within the police force, a major anti-corruption inquiry has heard.
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The highest level of command in the Silk-Miller murder investigation was aware of improper and incomplete statement taking practices that were “endemic” within the police force, a major anti-corruption inquiry has heard.
Detective Sergeant Mark Butterworth, a senior investigator involved in the 1998 police murder investigation, admitted to compiling dozens of witness statements throughout his time at the armed robbery squad which deliberately omitted descriptions of offenders.
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A number of these statements were used as evidence at the trial of Jason Roberts alongside Bandali Debs over the murders of Sergeant Gary Silk and Senior-Constable Rodney Miller.
Mr Butterworth said the practice of informally recording descriptions on separate pieces of paper, “crept in” to the police force and was well known within the legal system.
The Independent Broad-based Anti-corruption Commission is probing alleged police misconduct during the Silk-Miller murder investigation.
The hearing has heard a “dying declaration” by a wounded Mr Miller — which indicated there were two offenders — was excluded from a responding officer’s statement on the morning of the murders.
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Commissioner Robert Redlich QC, overseeing the IBAC inquiry, said the decision to omit offender descriptions from witness statements highlighted broader issues of police misconduct.
“When an exception like this becomes endemic, it raises the question of whether officers believed they had discretion about excluding other information,” Commissioner Redlich said.
A diary book entry by Detective Senior-Sergeant Graeme Collins — who was a top detective in the Lorimer investigation — referred to a meeting with Mr Butterworth which discussed collecting witness statements and separately recorded descriptions for a series of armed robberies committed by Debs and Roberts in the lead up to the shootings.
MR Butterworth agreed that Collins’ was aware of the improper practice but could not recall any discussion about it.
He said it was not his practice to omit descriptions from witness statements, but the hearing heard his crew in the homicide investigation did follow this method.
He agreed with assisting counsel Jack Rush QC that because of the constancy of the practice, it had become an accepted practice.
Mr Butterworth said education was key to stamping out the practice.
“It needs to take place at the grassroots if its going to occur, it needs to happen at the academy.”
The hearing continues today.