Victoria Police facing possible fresh corruption probe over Silk-Miller investigation

A crucial alibi witness in the retrial of Jason Roberts was a late withdrawal after claims she was “threatened” by police, leading to a possible fresh corruption probe.

Victoria Police could face a fresh corruption probe after bugging the phones of a key witness in the Silk-Miller police murders retrial.

Nicole Debs was due to appear as a crucial alibi witness at the retrial of Jason Roberts, claiming he was home in bed with her when the 1998 ambush killings of Sgt Gary Silk and Sen Constable Rodney Miller happened.

But Ms Debs, Roberts’ girlfriend 24 years ago, was a late withdrawal as a defence witness in the Supreme Court case, after asserting she had been “harassed” and “threatened” by police members.

The Herald Sun can reveal serious concerns have been raised about police intimidation of Ms Debs in the high-stakes case.

Jason Roberts and Nicole Debs.

Ms Debs, a nurse, was targeted for 15 weeks with physical surveillance, phone taps and a raid which left her facing a fraud charge and unable to work.

It is understood a Victoria Police probe led by a member of the Lorimer task force – which originally investigated the Silk-Miller murders – was granted a warrant to tap Ms Debs’ phone between March and June last year.

Investigators cited “inconsistencies” in Ms Debs’ police statements in December 1998 and November 2013 as the reason for the phone tap.

The police action has been described as “red hot” by legal figures, who have questioned the validity of a warrant granted to surveil a potential alibi witness.

The covert police operation allegedly captured Ms Debs walking without a moon boot after she gained a doctor’s certificate to be absent from work. Police also allege that during her absence, she worked at another medical ­facility while still being paid by her main employer.

Serious concerns have been raised about police intimidation of Nicole Debs in the high-stakes case.

The intelligence was passed on to the fraud squad with six detectives raiding Ms Debs’ property, seizing her computer and mobile phone.

Investigators also swooped on other family members and a doctor, investigating them as part of a conspiracy.

Ms Debs was charged over an alleged $1800 fraud. The matter is still before the courts. Her behaviour was also reported to the Australian Health Practitioner Regulation Agency, which suspended her registration.

The police resources dedicated to an alleged minor fraud has been viewed as highly irregular.

Victoria Police ceased tapping Ms Debs’ phone after Roberts’ lawyers officially lodged an “alibi notice’’ with the Supreme Court, declaring her as a defence witness in June last year.

Senior Constable Rodney Miller and Sergeant Gary Silk were murdered in 1998.

Intense negotiations between Roberts’ legal team and Ms Debs’ lawyer continued into the latter stages of his retrial when she decided not to give evidence.

Supreme Court Justice Stephen Kaye was told on June 10 that Ms Debs would not be giving evidence. Roberts’ barrister, David Hallowes SC, told the court the defence held concerns about the conduct of police, which had partly led to her withdrawal.

Mr Hallowes told the court: “We can indicate we have some concerns about police conduct that has in part led to that, but that’s a matter for a different forum, but I wanted to place that on the record.”

Jeremy King, a principal at Robinson Gill Lawyers, said the police conduct should be probed by Victoria’s independent anti-corruption body.

Jason Roberts was freed after being found not guilty at the Melbourne Supreme Court. Picture: David Caird

“This type of conduct appears heavy-handed, alarming and could have impacted a trial,” Mr King said. “It needs to be examined by IBAC.”

Last year’s surveillance on Ms Debs’ phone did not find any evidence she had provided a false alibi for Roberts.

Victoria Police rejected any assertion of impropriety after the Herald Sun sent it questions about its covert probe on Ms Debs.

“Any assertion that Victoria Police engaged in improper conduct to influence a potential witness is completely untrue,” a police spokesman said.

There are also concerns Ron Iddles’ phone was tapped at some stage over the past 18 months as the Roberts retrial headed to court. In a 2013 ­report, the veteran detective cast doubt on Roberts’ convictions after an investigation.

Roberts was acquitted on both murder counts last week, walking from Victoria’s ­Supreme Court after almost 22 years in prison.