Police recording after shootings: ‘We’ve got a member down, shot to the head, and we’re missing another member’

A 20-minute recording has revealed the horrific aftermath of the Silk-Miller police shootings.

Jason Roberts during his retrial over the Silk-Miller killings. Picture: Jason Edwards

A recording of the frantic minutes after the Silk-Miller police shootings has been played in the retrial of accused man Jason Roberts.

The ‘D24’ police recording, running for 20-minutes, was played to the jury after an officer on duty the morning Sgt Gary Silk and Sen Constable Rodney Miller were fatally shot gave evidence at the Supreme Court on Tuesday about what he saw after hearing “member down” over the police radio and racing to the crime scene.

Former police officer David Pratt said he drove at speeds hitting 200kmh to where the officers were ambushed in Cochranes Rd, Moorabbin, on August 16, 1998.

Mr Pratt was involved in police Operation Hamada – as were dozens of other officers including Sgt Silk and Sen Constable Miller – to identify two bandits involved in a series of armed hold-ups in Melbourne’s east and south when the shootings occurred about 12.15am.

After arriving in Cochranes Rd, he found officers Darren Sherren and Frank Bendeich, who had witnessed the ambush.

Mr Pratt said he could see Sgt Silk lying on the ground metres from where he had intercepted a suspect vehicle minutes earlier.

Accused murderer Jason Roberts. Picture: David Crosling

But he said he could tell from the junior officers’ expressions who approached Sgt Silk that he was dead.

“The other officers walked over and I could see from their faces he was deceased,’’ Mr Pratt told the Supreme Court.

The recordings of police activity on D24 – an open channel – detailed how police responded to hearing a member had been shot and another member was missing.

“Moorabbin 406, we’re part of an armed robbery unit,” the then Sgt Pratt broadcasted over the police radio.

“At the corner Warrigal and Cochranes road … we’ve got a member down, shot to the head, and we’re missing another member,’’ he said.

“Member shot directly outside 156 Cochranes road … Members attending now but it doesn’t look good.’’

A D24 operator then asks if the wounded member is “conscious and breathing’’.

“I would say deceased,’’ the then Sgt Pratt said over the police radio.

Details of the suspect car were urgently broadcast: ‘’Possibly a dark coloured small car, possibly a Corolla, maybe with mags’’ as police set up road blocks.

Within minutes more officers arriving at the scene found Sgt Silk’s wounded police partner, Sen Constable Miller, outside the Silky Emperor Chinese restaurant in nearby Warrigal Rd.

``We’ve found the second member … he’s conscious. He’s been shot twice, once in the chest and once in the stomach,’’ a police officer calls over the police radio.

The officer near Sen Constable Miller then blurts out details such as: “He says there’s two offenders, two on foot’’.

Another transmission includes a description of an offender: “One male has been sighted … possibly six foot two, black hair.’’

Then: “Possibly a dark coloured Hyundai, repeat, a dark coloured Hyundai.’’

Sen Constable Miller would hours later die in hospital of his injuries.

Mr Roberts has pleaded guilty to 10 counts of armed robbery but not guilty to two counts of murder.

He has claimed he was not at the scene on Cochranes Rd with Bandali Debs when officers Silk and Miller were shot.

The trial continues.

‘All hell broke loose’

A police officer who witnessed the Silk-Miller police shootings has described how the scene was calm before “all hell broke loose’’.

Retired police officer Darren Sherren was one of two officers who gave evidence at the retrial of accused cop killer Jason Roberts on Monday, telling the Supreme Court about what he saw in the minutes past midnight on August 16, 1998, when two of his colleagues were fatally shot.

Mr Sherren said Sergeant Gary Silk and Senior Constable Rodney Miller did not appear worried as he and police partner Frank Bendeich drove by at “walking pace” to observe an the interception of a ­Hyundai about 12.15am.

“Everything seemed to be fine at that point of time and then all hell broke loose,” Mr Sherren told the court.

The four officers were taking part in an operation dubbed Hamada on Cochranes Rd, Moorabbin, when officers Silk and Miller came under fire.

The ambush occurred within minutes of officers Silk and Miller pulling over a “strange” Hyundai that had driven into and then emerged from a carpark beneath the Silky Emperor restaurant where they were conducting surveillance.

The Silky Emperor was a potential target of two armed robbers holding up shops and restaurants over the previous five months.

Mr Sherren said he and Senior Constable Bendeich, who was driving their unmarked police car, were travelling at “idling” pace when they drove past the interception of the Hyundai on Cochranes Rd where “everything was calm”.

He said Senior Constable Miller was at the rear of the Hyundai while Sergeant Silk stood in the open driver’s door area talking to the driver.

Senior Constable Rodney Miller.

Gary Silk.

Under cross-examination Mr Sherren said he saw only one person in the Hyundai. But Mr Sherren said he was focused on the body language of officers Silk and Miller and the driver standing outside the car as he drove by. “I only saw one person,” he said.

Roberts claims he was not at the scene with Bandali Debs, who has been convicted over the shootings.

After Mr Sherren and Senior Constable Bendeich parked in a side street to observe the scene, he said he heard four ­initial shots before more rounds were fired.

“Shots fired, shots fired, ­Cochranes Rd, Moorabbin,” he called down the police radio.

Mr Sherren said he and his partner struggled to put on their ballistic vests and abandoned them as more gunfire was exchanged before seeing the Hyundai drive their way.

“I thought it was the same vehicle coming around to get us,” he said.

The retrial of Roberts, 41, who has pleaded guilty to 10 armed robberies and not guilty to two charges of murder, continues.