Jason Roberts testifies he wasn’t there when Bandali Debs shot two police officers

Jason Roberts has taken the stand in his marathon retrial for the murders of two police officers, claiming he was never at the crime scene.

Jason Roberts has taken the stand in his retrial. Picture: Jason Edwards

The man accused of murdering two police officers in cold blood in 1998, Jason Roberts, has testified he was not at the scene of the crime.

Mr Roberts was expected to start his evidence on Tuesday, but after three days of feeling ill he entered the Supreme Court witness box on Friday morning at his retrial over the murders of Sergeant Gary Silk and Senior Constable Rodney Miller.

Mr Roberts, 41, has pleaded guilty to committing 10-armed robberies with his former girlfriend’s father, Bandali “Ben’’ Debs, between March and July, 1998.

But he testified that he refused to go with Debs and remained at the family home in Fountain Gate with his girlfriend, Nicole Debs, after the older criminal tried to entice him to commit an armed robbery at the Silky Emperor Chinese Restaurant in Moorabbin.

Senior Constable Rodney Miller and Sergeant Gary Silk were gunned down in Moorabbin.

Mr Roberts said hours later he woke up and went downstairs to find Debs sitting in an armchair with a gun on the coffee table after officers Silk and Miller were fatally shot in Cochranes Rd, Moorabbin, just after midnight on August 16 that year.

Asked by his barrister, David Hallowes SC, if he shot Sgt Silk and Sen-Constable Miller, Mr Roberts replied: “I certainly did not”.

He was then quizzed about why he had not told the truth during the police investigation.

“To tell the truth I’d have to say what Ben had done,’’ Mr Roberts said.

“Ben had told me what he had done and I did not want to be linked to him.’’

“I also wanted to distance myself from him because I had committed armed robberies (with him).’’

Mr Roberts admitted to his role in fixing the Hyundai Excel, which was owned by Nicole Debs, after it was damaged in the shootout with police and to helping hide evidence such as guns.

He was also questioned about a police interview he attended during which it has been alleged a police investigator made a crude remark.

“(It was) something along the lines of ‘Does Benny think it’s in his legal rights to watch when you’re banging Nicole …’,’’ Mr Roberts told the court.

Later that day police listening devices captured Mr Roberts talking to Debs about the alleged incident.

Jason Roberts arrives at the Supreme Court of Victoria in a high security vehicle. Picture: David Crosling.

A memorial to slain officers Gary Silk and Rodney Miller.

The investigator alleged to have made the remark, Inspector Dean Thomas, denied it.

During cross-examination, prosecutor Ben Ihle QC pointed out the lies Mr Roberts had told — about his knowledge of the murders and how the Hyundai’s window had been broken — during multiple police interviews, to his family, girlfriend and friends.

During one instance at Cranbourne police station in July, 2000, Mr Roberts swapped drinking cups around after police left the interview room.

Bandali Debs was convicted of murdering the two officers in 1998.

Mr Ihle asked him: “Did you do that because you committed the murders?’’

Mr Roberts replied: “Not at all.’’

When asked to explain his actions Mr Roberts said: “Juvenile. Young, dumb. Very silly of me to do.’’

Mr Roberts and Debs were convicted of the Silk-Miller ambush killings in 2002.

But his murder convictions were quashed by the Court of Appeal almost 18-years later in November 2020 and a retrial ordered.

Mr Roberts has pleaded not guilty of the Silk-Miller murders.

Mr Roberts said he met Debs in 1997 as a 16-year-old and later became his armed robbery partner. The teenager met Debs through his then girlfriend, Nicole Debs, after they began dating after meeting at his cousin’s 18th birthday party in 1996.

During one of the armed robberies, Bandali Debs told the victims at the Green Papaya Restaurant in Surrey Hills: “Tell them Lucifer was here’’.

In 2013, Victoria Police reviewed the case despite Mr Roberts having exhausted his legal avenues.

The court has been told the defence will call lawyer Simon Moodie, who will testify he visited Debs at Goulburn Prison in 2017 and that the convicted killer told him during a discussion that he was alone when he shot officers Silk and Miller.

Other witnesses to be called by the defence include veteran criminal Billy Prideaux, who the jury has been told will testify he saw Debs alone near the scene of the shooting and former homicide detective Ron Iddles.

Mr Roberts, who faces life without parole if convicted, has spent almost 22 years in prison.