Victoria Police sitting on secret internal probe into misconduct relating to investigation of Silk Miller murders

Victoria Police was summoned to court to explain why it was withholding documents about an internal probe into the Silk-Miller murder investigation.

Victoria Police has been secretly running an internal probe into misconduct relating to the Lorimer taskforce investigation of the Silk-­Miller murders.

The internal inquiry was launched in May last year and has produced a 15-page draft report with hundreds of pages of supporting material.

It is understood that an independent review panel has been overseeing the investigation, which could lead to disciplinary hearings. But the plan was not to finalise any report until after Jason Roberts’s ­retrial had ended.

The review was prompted by the findings of Victoria’s anti-corruption watchdog, the IBAC, which scrutinised the taskforce’s “wrong” statement-making practices during the Silk-Miller murder investigation. The Herald Sun revealed these in 2017.

In an extraordinary Supreme Court hearing on May 9 this year, seven weeks into the retrial of Roberts, Victoria Police was summoned to the court to explain why it had failed to disclose to the prosecution and defence the draft report.

By then 13 relevant witnesses had already given evidence at the retrial.

Ironically, the internal police investigation was dubbed “failure to disclose at the first trial’’.

Sen Constable Miller and Sgt Silk were murdered in 1998 while on duty.

Roberts’ original trial in 2002, at which he was found guilty of the 1998 murders of Sergeant Gary Silk and Senior Constable Rodney Miller, was corrupted by police adding, backdating, shredding and ­replacing statements relating to the “dying declaration” of­ ­officer Miller minutes after he was shot on August 16.

This “improper” practice led to Roberts’s convictions being quashed and his acquittal after a 3½-month retrial.

Roberts walked free from the Supreme Court on Monday.

But seven weeks into his second trial, presiding judge Stephen Kaye was incensed after Victoria Police repeated history by admitting it was withholding documents about its internal probe.

“The first trial was found to involve a substantial miscarriage of justice because Victoria Police had failed in the most fundamental obligation to reveal to the prosecution and defence key issues relating to a very significant area of evidence in the case – and they have done it again,” Justice Kaye said. “Yes, I find it quite extraordinary.”

Jason Roberts walked free from the Supreme Court on Monday after a jury sensationally acquitted him of the 1998 murders. Picture: Mark Stewart

Barrister Andrew Sim, ­appearing for Chief Commissioner Shane Patton, told the court the prosecution and ­defence could not have immediate access to the report as the force was making “public interest immunity” claims.

Justice Kaye wanted Mr Patton reminded about what was at stake.

“Does the Chief Commissioner understand the significance of the trial that is being heard?” he inquired.

“It involves the death of two decent, proper policemen 24 years ago.”

He later added: “I find it breathtaking that Victoria Police should have been engaged in such an extraordinary failure in the system of justice, having already failed the system of justice in this case.”

Mr Sim could only respond: “There’s little I can say in response to that criticism.’’

Adding to Justice Kaye’s anger was the fact Victoria Police had not bothered to turn up to the hearing.

“My anger is a result of the fact there’s already been one substantial miscarriage of justice,” Justice Kaye said.

“The case involves an ­appalling tragedy, one which has had to be revisited, ­because of the misconduct of the police at the last trial, and that this is going on again.’’

Justice Kaye also noted that no one from Victoria Police had the “intestinal fortitude” to come to court and explain themselves.

He then told Mr Sim his “ire” was not directed at him. “It is very much directed to those who you represent, who, although being invited to court today, have not seen fit to come,” Justice Kaye said.

Mr Sim said it was not an intended “insult”.

“It’s not a matter of insult, it’s a matter of inference, Mr Sim,” Justice Kaye said.

He then suggested yet ­another investigation was ­merited “till the police learn their lesson”.

Chief Commissioner Shane Patton did not hide his “disappointment” at the jury’s not guilty verdict. Picture: Jason Edwards

The court was adjourned for further discussion three days later, during which it is understood some documents were handed over to the prosecution and defence.

During an emotional press conference on Monday, Chief Commissioner Patton did not hide his “disappointment” at the jury’s verdict hours ­earlier.

Mr Patton also praised the work of the Lorimer taskforce that investigated the Silk-Miller murders.

“I take my hat off to the Lorimer taskforce,” he said.

Asked whether he had any praise for the work of former homicide detective Ron ­Iddles – who while still a serving officer in 2013 conducted a thorough review of Roberts’s conviction and cast doubt on it – Chief Commissioner Patton said: “No, I won’t say anything in regards to that.”