Legal Aid funding issue leaves Silk-Miller police killer case in crisis
Lawyers working on the case of Jason Roberts for five years have spent thousands of hours working for free, but a new hurdle means the convicted police killer’s bid for freedom is now in crisis.
Law & Order
Don't miss out on the headlines from Law & Order. Followed categories will be added to My News.
A fight for freedom by convicted cop killer Jason Roberts is in crisis because of a funding issue that has crippled his legal team.
Roberts was jailed for life after being convicted of murdering Sergeant Gary Silk and Sen-Constable Rodney Miller in Cochranes Rd, Moorabbin, on August 16, 1998.
But he has petitioned for mercy claiming new alibi evidence could clear him of the killings.
The evidence is to be tested by an extraordinary Supreme Court judicial hearing after it was referred to the court by former Attorney-General Martin Pakula following a review of the case by retired Justice Bernard Teague.
But barrister Peter Matthews, for Roberts, told the Supreme Court today the team working on the case had reached a point where “we feel we cannot continue under the current conditions of the funding.”
The case is being funded by Victoria Legal Aid.
But Mr Matthew said the organisation had refused to pay for two months of preparatory work, after reassessing invoices it had already paid.
Mr Matthews said VLA advised Roberts’ lawyers that they had overpaid, and would not pay for work completed for a six week period in the middle of the year.
He said he had been working on the case for five years, and had spent thousands of hours working pro bono.
But he said there was still significant work to be done ahead of an expected four week hearing in February.
“It has reached the point (where) there have had to be discussions within our team about withdrawal,” he said.
“We have been in this matter for nearly five years. We have done thousands of hours of pro bono work.
“To even have to contemplate that (withdrawal) was a confronting moment.”
Mr Matthews said he had met twice with the CEO of VLA and written nine letters to address the funding issue.
“We’ve reached a point of crisis,” he said.
“There are very high stakes for both our client and for others,” he said.
“Mr Roberts is entitled to be properly represented … self representation in these circumstances is simply not appropriate,” he said.
A lawyer representing VLA said the organisation had reconsidered its funding position and would increase a cap on funding to allow for more work.
But she said there was still aspects of the preparatory work that it could not fund.
“VLA accepts that the matter is complex and warranting legal representation,” she said.
“The fact the VLA has funded the matter when it is outside the guidelines indicates that.”
Mr Matthews flagged seeking an independent review of VLA’s decision after a meeting with them next week.
Family members from both the Silk and Miller families were in court today.
The rare hearing set for February will go before three Supreme Court judges.
MORE NEWS
THUG GUILTY OF LAA CHOL’S MURDER
HOW MISSING MELBOURNE CAMPERS CAME TO TRAGIC END
If they are satisfied with the evidence, the case will return to current 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.
Roberts has claimed he was not at the shooting scene on Cochranes Rd when the murders occurred on August 16, and that Debs acted alone.
The Independent Broad-based Anti-corruption Commission has held its own investigation into evidence produced by the taskforce that investigated Debs and Roberts.
The matter will return to court on a date to be fixed.