Jason Roberts appeal over Silk-Miller murder conviction
CONVICTED police double murderer Jason Roberts has won the right to return to court as an unfolding police corruption scandal is examined. Here’s the three steps it will now take for any new trial.
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CONVICTED double police killer Jason Roberts has won the right to take his case back to court, as an unfolding police corruption scandal is examined.
In an extraordinary reversal, Attorney-General Martin Pakula, who in March last year denied Roberts’ petition for mercy, has referred the case back to court.
A Supreme Court judge will assess the credibility of 2013 alibi evidence by Roberts and his ex-girlfriend, Nicole Debs, over the 1998 killings of Gary Silk and Rodney Miller.
MORE: ROBERTS ‘WAS NOT THERE’, RON IDDLES CONCLUDES
The judge will also consider doctored police statements uncovered by the Herald Sun, covert phone recordings never put before a court, and what is said to be two admissions by serial killer Bandali Debs that he committed the police murders alone.
Victoria’s corruption watchdog has begun behind-closed-doors hearings regarding a doctored police statement by officer Glenn Pullin, which was revealed by the Herald Sun.
Mr Pakula’s reversal was prompted by recommendations by retired Justice Bernard Teague that the credibility of the alibis should be tested, and other key evidence considered.
“Sufficient new evidence is presented in the petition to raise the possibility that a miscarriage of justice has occurred and this should be considered by the court,” Justice Teague wrote in his June 20 report to Mr Pakula.
The court will examine the new evidence, and could hear from witnesses later this year.
It will then submit its findings to the Attorney-General, who will have to decide whether to refer the “whole” case to the Court of Appeal.
READ JUSTICE TEAGUE’S FULL RECOMMENDATION HERE
The families of Gary Silk and Rodney Miller were told of the development on Monday.
Carmel Arthur, the widow of Senior Constable Miller, said: “We have always respected the judicial process and we will continue to do so until the matter is resolved. As we prepare for the 20th anniversary of Rod and Gary’s death, we choose to focus not on how they died, but how they lived: two great men.”
Chief Commissioner Graham Ashton has also been told.
Shadow Attorney-General John Pesutto said: “The evidence the government has released today on which it’s relied to make this decision wouldn’t have convinced us that a referral back to the Supreme Court ought to have been made.
“The matter is before the courts but we believe that a tough approach is needed in these cases. Yet again we have a decision from Daniel Andrews that errs on the side of perpetrators.”
‘FULL CONFIDENCE’ IN TIRELESS WORK
The Police Association of Victoria secretary Wayne Gatt said it was disappointing the families could not gain closure.
“The Police Association of Victoria has spoken to the Silk and Miller families within the past 24 hours,’’ he said.
‘’We share their disappointment and heartache in the realisation that their struggle for closure and their two-decades long quest to move forward with their lives has once again been halted.
“We retain our full confidence in, and admiration for the Lorimer Taskforce and the tireless work that investigators, past and present, dedicated to bringing their colleagues’ killers to justice.
“The impact that the murders of these police officers had on first responders, investigators, colleagues and friends of the slain officers cannot be understated and should be understood. Lives and careers ended on that night.
“Days like today only add to the burden of those who have fought so long and so hard to forget.
“We sincerely hope that one day soon this tragic chapter in the history of Victoria Police can be closed for good. Gary Silk and Rod Miller and their families deserve that.”
BURIED STATEMENT UNCOVERED
Mr Pakula was made to re-look at Roberts’ plea for mercy after a series of stories published by the Herald Sun, including the uncovering a buried statement that revealed police had falsified a critical statement to place multiple offenders at the scene of the 1998 police shootings of Sgt Silk and Senior Constable Miller.
The key statement, made by officer Glenn Pullin about the dying words of officer Miller, was altered some time after the original was sworn in the hours after the ambush shootings.
It is understood to have been altered about two years after Lorimer investigation began.
Critically, both statements found by the Herald Sun bore the same date and time on the day of the shootings — August 16, 1998.
There was no mention of offenders in the original statement.
The revelations also sparked a second IBAC investigation into a series of police statements testified to by police
Today’s decision will send shockwaves through police ranks.
The force has lobbied hard for Mr Pakula to dismiss Roberts’ pleas of innocence.
Roberts and co-offender Bandali Debs had committed a series of armed robberies resulting in a police operation codenamed Hamada — with police staking out restaurants considered potential targets.
Officers Silk and Miller were part of that operation, undercover and watching a Moorabbin restaurant, on the night they were murdered.
MATTER BACK IN THE HANDS OF THE COURT
In January 2017, after Mr Pakula had indicated he was compelled to send Roberts back to court after receiving independent legal advice from David Grace QC to return the case to court, he is understood to have received significant backlash.
Victoria Police Chief Commissioner Graham Ashton was then invited by the state’s chief lawmaker to make a submission on the evidence it compiled against Roberts — handing the file back to the justice department to reconsider — paving the way for the denial.
Mr Pakula rejected the original petition despite gaining independent legal and justice department advice that recommended Roberts’ petition had merit and should return to court.
Although only one part of the Roberts plea will be considered by the trial division of the Supreme Court, namely the credibility of the alibi evidence, Mr Pakula said the justices would be given both petitions to review.
In a statement this morning Mr Pakula said: “As the matter is now in the hands of the court, no further comment is appropriate.”
MORE: ROBERTS ‘WAS NOT THERE’, RON IDDLES CONCLUDES
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