Accused cop killer Jason Roberts has bail bid rejected again

Accused cop killer Jason Roberts’ bid to be set free on bail before his retrial on the Silk-Miller police murders has failed for a third time.

Jason Roberts is led into the Supreme Court in February 2020. Picture: AAP

Jason Roberts — accused of the Silk-Miller police murders — has had his third bid for bail refused.

Supreme Court Justice Stephen Kaye in ruling against bail on Wednesday said his decision was “not straightforward’’ and there were new circumstances in Mr Roberts’ application.

The evidence of a forensic psychologist about the state of Mr Roberts mental health was of concern, Justice Kaye said.

However, Mr Roberts will remain remanded until February next year when his retrial will be heard.

It is the third time a court has rejected the 41-year-old’s bail bid since his convictions for the murders of police officers Sergeant Gary Silk and Senior Constable Rodney Miller were quashed in November.

Senior Constable Rodney Miller.

Sergeant Gary Silk.

Mr Roberts last week pleaded not guilty to the murders of Sgt Silk and Sen Constable Miller, who were ambushed on August 16, 1998, while taking part in an operation code-named Hamada.

The officers were fired upon after pulling over a Hyundai Excel in Cochranes Rd, Moorabbin, about 12.15am.

In 2002, Mr Roberts and his then co-accused, Bandali Debs, were convicted of the fatal shootings.

But Mr Roberts was granted a retrial last year based on the discovery of a doctored police statement which formed part of the case against him.

The document, unearthed by the Herald Sun in 2017, had been buried for 19 years.

Bandali Debs will be a prosecution witness against Mr Roberts at trial.

Debs, who remains convicted of the police murders, is set to be a prosecution witness against Mr Roberts at the retrial.

Mr Roberts and Debs were also charged in 1998 with committing 10 armed robberies but were never prosecuted.

Mr Roberts last week pleaded guilty to those offences, which he committed as a 17-year-old.

He has asked for a permanent stay on the prosecution.

Last week, Mr Roberts’ barrister, David Hallowes SC, told the court his clients’ circumstances had substantially changed since he first applied for bail.

Mr Hallowes said onerous Covid-19 prison restrictions had caused Mr Roberts personal hardship and taken a toll on his mental health.

Mr Roberts has not had a personal visit since July 10 due to the restrictions and was also suffering stress due to his impending retrial, the court heard.

Forensic psychologist Dr Matthew Barth told the court Mr Roberts’ needed weekly treatment for his anxiety and depression.

Dr Barth also told the court Mr Roberts had an “adjustment disorder’’ and was having “persecutory thoughts’’.

‘‘He has real fluctuations in his moods,’’ Dr Barth said.

The court has ordered for Mr Roberts to have weekly consultations with a psychologist.

The case is set to continue in October when pre-trial hearings begin.