Cop killer Bandali Debs accused of lying on stand in Jason Roberts retrial

Killer Bandali Debs has been accused of lying on the stand in a fiery day of evidence in the retrial of Jason Roberts over the Silk-Miller police murders.

Bandali Debs has been accused of lying on the stand in the retrial of accused cop-killer Jason Roberts.

Convicted killer Bandali Debs has been accused of lying on the stand to minimise his role in the Silk-Miller police murders in the retrial of his former co-accused, Jason Roberts.

In a fiery day of evidence, Debs, who is testifying via video link from Goulburn maximum security jail, was accused of lying by prosecutor Ben Ihle QC, who attacked his version of events about the circumstances in which both Senior Constable Rodney Miller and Sergeant Gary Silk were murdered.

The court also heard Debs had tried to negotiate with Victoria Police a deal to get parole, immunity from prosecution on a series of armed robberies and to be moved to a Melbourne prison in return for his evidence.

Debs argued with Mr Ihle after it was put to him he had shot officer Miller in “gunfire equivalent to a sucker punch’’ that had fatally wounded officer Miller on August 16, 1998.

Mr Ihle said Debs had shot officer Miller through the back window of the Hyundai he was pulled over driving on Cochranes Rd, Moorabbin.

But the 68-year-old convicted murderer had already given evidence he shot two bullets at Sen Constable Miller who he testified was standing behind him as he opened the hatch of the Hyundai.

Jason Roberts outside the Supreme Court. Picture: Jason Edwards

Debs has told the court he had lifted the Hyundai’s hatch door when he reached into his cardigan and fired backward at officer Miller, who was standing directly behind him.

But Mr Ihle told Debs the forensic evidence showed officer Miller had been shot by a gunman sitting inside the Hyundai who had shot through the rear window at the unsuspecting policeman.

“I suggest you fired your Magnum .357 through the windscreen at Miller,’’ Mr Ihle said.

Debs, who is a prosecution witness, replied: “That’s impossible.’’

“That’s impossible because I’ve told you exactly what happened and you’ve twisted what I’ve said all around.’’

But as Mr Ihle applied more scrutiny to Debs’ evidence, the cop killer argued back.

“I don’t know where you’re getting this from but it’s not what happened. There’s no way that happened.

“If you’re saying I fired from inside the car, I wouldn’t damage my own car for any reason.’’

Debs also told the Supreme Court: “You’re twisting it all around. Remember, we’re bloody standing on the side of the road. Look youse (sic) have got this all wrong … how the hell am I firing a gun from inside the car at Miller? Are you fair dinkum?’’

“I did not fire at Miller through the car, through the windscreen at all … it’s impossible.’’

Mr Ihle pointed out that Debs’, in his version of events, would have had his gun at “hip level’’ when he shot officer Miller.

He also pointed out to him that officer Miller, who was significantly taller than Debs, was shot once through the upper left chest.

Sergeant Gary Silk. Picture: Supplied

Senior Constable Rodney Miller. Picture: Supplied

Debs was also told a forensic expert had given evidence that the Hyundai’s rear window had been shot out from the inside and that officer Miller had been injured by a bullet that entered his upper right chest from a distance of a few metres.

It was then suggested by Mr Ihle that Debs fired at officer Miller because the officer had fired at Mr Roberts.

Mr Ihle also accused Debs, who has denied shooting Sgt Silk, of minimising his role in his murder.

He alleged Debs fired two shots into a dying or already dead Sgt Silk as he lay injured on the ground after initially being shot by Mr Roberts.

“Do you agree that shooting someone in that state is a particularly low or callous act,’’ Mr Ihle asked Debs.

“I agree with that,’’ replied Debs.

Mr Ihle then said: “I suggest you did that as he lay there on the grass.’’

Debs answered: “I did not.’’

The scene where Gary Silk, and Rodney Miller were shot dead in 1998.

The court then heard audiotape of Debs describing to his father, Malik, of shooting a police officer in the head.

“I suggest to you, Mr Debs, you know because you shot him in the head,’’ Mr Ihle told the 68-year-old, who again denied shooting Sgt Silk.

He then reminded Debs he was aware Sgt Silk knew who he was because he had taken down his licence and jotted his name in a notebook.

And he also accused Debs of not wanting to be associated with the “low act’’ of killing a wounded man.

“I suggest you shot him twice more to make sure that the job was done,’’ Mr Ihle asserted.

“No, you’re wrong,’’ Debs replied.

Under cross-examination from Mr Roberts’ barrister, David Hallowes SC, Debs admitted lying on oath in previous hearings in this case.

The court also heard Debs had executed two women who he had agreed to pay for sex prior to the Silk-Miller murders.

Debs is convicted of murdering Donna Hicks, 34, in 1995 and Kristy Harty, 18, in 1997.

“They were vulnerable young women,’’ Mr Hallowes told him.

“Correct,’’ Debs said.

“Was it for the thrill?’’ Mr Hallowes asked.

“It just happened.’’ Debs replied.

Mr Roberts has pleaded not guilty to the murders of Sgt Silk and Sen Constable Miller, arguing he was not at the crime scene.

The trial continues.