New appeal laws set to fast track Jason Roberts’ fight for freedom
Cop killer Jason Roberts’ claims new alibi evidence could clear him of the murders of Sergeant Gary Silk and Senior Constable Rodney Miller. Now new new appeal law look set to fast track his bid for freedom.
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New appeal laws look set to fast track the fight for freedom by convicted cop killer Jason Roberts.
Roberts is serving a life sentence for the murders of Sergeant Gary Silk and Senior 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.
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.
But the new appeal laws passed by state parliament last week will hand that responsibility to the courts instead.
The legislation has created a second or subsequent right of appeal of convictions for indictable offences, allowing the judicial system to determine whether a substantial miscarriage of justice has occurred and whether a prisoner should be released or retried.
Second appeals will only be available in exceptional circumstances, and applicants will have to show that their case meets very strict legal criteria before they will be able to have their appeal heard.
Currently Roberts is set to have his case heard by an extraordinary sitting of the Supreme Court in February.
If the court is ultimately satisfied with the evidence, the case will return to Attorney-General Jill Hennessy, who will then decide whether to send Roberts back to the court stream.
The new laws mean Roberts could apply directly to the court for an appeal against his convictions.
His lawyer, Peter Matthews, told the Supreme Court today the application for leave to appeal could be heard in place of the extraordinary hearing.
But he said he was waiting for the new laws to come into operation.
Roberts has claimed he was not at the shooting scene on Cochranes Rd when the police officers were killed by Bandali Debs.
Roberts, the partner of Debs’ daughter Nicole at the time, claims Debs acted alone.
Justice Robert Osborn said if an application for leave to appeal was filed, the court would seek to expedite its determination.
He said the appeal application, which is expected to last a week, should be heard in February if possible.
Lawyers for Roberts have spent more than five years working on his freedom bid.