Bandali Debs says Jason Roberts was with him when Silk-Miller police shootings unfolded

Bandali Debs has testified that his former co-accused Jason Roberts was with him when two police were gunned down in the Silk-Miller murders almost 25 years ago.

Bandali Debs has testified that Jason Roberts was with him when the Silk-Miller police murders unfolded in 1998.

Convicted killer Bandali Debs has testified his former co-accused Jason Roberts was with him on the morning two police officers were gunned down in a roadside ambush almost 25 years ago.

Debs began his evidence via video link from a NSW prison on Tuesday in the retrial of Mr Roberts over the 1998 Silk-Miller police murders on Cochranes Rd, Moorabbin.

After having his 2002 murder conviction quashed, Mr Roberts has again pleaded not guilty to two counts of murder, arguing he was simply not there.

But just minutes into his evidence, Debs, 68, told the Supreme Court Mr Roberts was with him in the blue Hyundai that was intercepted by slain officers Sergeant Gary Silk and Senior Constable Rodney Miller in the early hours of August 16.

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

“That’s Jase, we’re going to a club in the city,” Debs said he told the officers when they were pulled over.

In his evidence, Debs testified he had fired the initial gunshots at Senior Constable Miller, sparking the deadly shootout.

Moments earlier, Sergeant Silk had led Mr Roberts away from the parked police car and Hyundai and towards a nearby factory, Debs said.

“When Miller was happy with wherever Roberts was taken, he said let’s have a look in the boot,” he said.

“As I’ve opened the boot I’ve pulled my gun out and fired it twice and shot Miller,” Debs told the court.

“I fired straight through my cardigan ... I didn’t even look at Miller, I just fired two shots,” he continued.

Sergeant Gary Silk.

Senior Constable Rodney Miller.

Debs said Constable Miller “went flying backwards”, firing his gun in the process and shattering the car’s back windscreen.

Debs said it was then he heard gunshots coming from where Mr Roberts and Sergeant Silk were standing, but it was too dark to see the pair.

“I was running after Miller when Roberts called out ‘Where are you Ben?’”

Asked by Mr Ihle whether he fired any shots at Sgt Silk he answered: ‘’No’’.

‘’I was going after Miller,” he said.

‘’I was really pissed off at the time with Miller.’’

After firing two more rounds at a hunched over Sen-Constable Miller, Debs said he and Mr Roberts ran back to the Hyundai and sped from the scene.

Constable Miller was found by other arriving police members near the Silky Emperor restaurant more than 150m away.

He had collapsed after walking wounded to the restaurant he and Sergeant Silk had been staking out as part of a covert police operation into armed robberies committed by Debs and Mr Roberts.

Asked by prosecutor Ben Ihle if the pair spoke about the police shootings in the car ride back to Debs’ house in Fountain Gate, Debs said “there wasn’t much chatter”.

“We were still in a high strung state, because I was pissed off about the back window being smashed,” he said.

The former Narre Warren home of Bandali Debs.

During a day on the witness stand, Debs also confirmed Mr Roberts committed 10 armed robberies in Melbourne’s southern and eastern suburbs alongside him in the five months prior to the fatal police shooting.

The convicted killer said he and Mr Roberts would always take loaded guns - even on surveillance jobs - because “sometimes you can do a job just then and there”.

Asked by prosecutor Ben Ihle if he ever conducted surveillance on his own, Debs answered: “no”.

Debs said he and Mr Roberts - who was at the time dating his oldest daughter Nicole - would arm themselves with weapons in the Debs’ family garage before leaving for a job.

“We were ready for action, ready to go,” he said.

In the hours before the police murders, Debs said he and Mr Roberts discussed the Silky Emperor restaurant as a potential robbery target and agreed to go “check out” the venue.

Debs said he took two 357 revolvers from his hidden stash behind the wall of his garage and loaded both weapons, before handing one to Jason, who attached it to his belt.

Asked by Mr Ihle why was it necessary to load the guns, Debs said: “You’re not going to go with an empty gun”.

The trial before Justice Stephen Kaye continues.