Jason Roberts: Man convicted of murdering police officers Gary Silk and Rodney Miller in 1998 has conviction overturned
Victoria’s top cop has responded after Jason Roberts was acquitted of the 1998 murders of two police officers.
Victoria’s top cop has delivered an emotional response to the release of Jason Roberts, who had his conviction for the murder of two police officers overturned on Monday.
Police Commissioner Shane Patton told reporters the decision was disappointing for himself personally and for the families of the murdered officers.
Roberts, 41, was convicted in 2002 over the murder of Sergeant Gary Silk and Senior Constable Rodney Miller in the southeast Melbourne suburb of Moorabbin in 1998, along with co-accused Bandali Debs.
He has spent 22 years in prison for the murders, but walked free on Monday after a jury overturned the verdict after deliberating for four days.
“My first thoughts were for the families, the families we’ve known for 24 years – 24 long years,” Commissioner Patton said.
He added he had “worked and played” with Mr Silk and had also been on a number of jobs alongside Mr Miller.
“These are two police officers, they went to work nearly 24 years ago. They were murdered. They didn't come home,” he said.
“We mourn them still. We do every day. It’s difficult.”
The families of Mr Silk and Mr Miller said they “deserved a more just outcome” in expressing their shock at Robert’s acquittal.
“A number of lives changed when Gary and Rod were murdered and many lives will never be the same, including those of the first responders and the detectives involved in the case,” a joint statement between the families said.
They said the police officers involved showed “great courage, determination and grace as they pursued justice”.
“What cannot be changed is that two young Victoria Police officers, Gary Silk and Rod Miller, who were loved by their families and friends, were callously murdered on 16 August, 1998.”
“Their loss continues to leave a huge hole in our lives.”
Mr Roberts, who was 17 when Mr Silk and Mr Miller were murdered, has proven his innocence after a four-month retrial, which was ordered by the Court of Appeal in September 2020.
Debs remains convicted for the murders, and will continue to serve a combined life sentence.
Roberts, who has always maintained his innocence, said he was out to dinner with his girlfriend that night, Debs’ daughter, Nicole, in Cranbourne before going back to her house.
Nicole Debs never gave evidence for Mr Roberts, despite the fact she told police in 2013 she and Roberts were in bed together at her home, Narre Warren, when Mr Silk and Mr Miller were murdered.
She also told police her father left her house alone that night.
Ms Debs, a nurse who is now facing her own fraud charges, did not give evidence in the first trial.
But her father gave evidence from prison against Mr Roberts throughout the trial.
Debs said he and Mr Roberts drove together to Silky Emperor Chinese Restaurant on Warrigal Rd to “suss it out” and insisted they were together during the murders.
Mr Silk and Mr Miller were staking out the venue in an unmarked police car after a series of armed robberies.
They followed Debs and intercepted the car on the semi-industrial Cochranes Rd, where the pair was ambushed.
Mr Silk was found dead on a nature strip, with his firearm still in its holster.
He had been shot with two different firearms, a post-mortem examination found – twice with a Magnum and once with a Webley & Scott.
Mr Miller, who had managed to fire at his attacker, stumbled to the Silky Emperor Restaurant before succumbing to his injuries in hospital.
His dying words to police officers were reportedly “Two … one … on foot.”
Commissioner Patton said Victoria Police acknowledged the court’s decision.
“The murders of Sgt Gary Silk and Sen. Con. Rod Miller in 1998 had an enormous impact on Victoria Police as an organisation, and were devastating for the family, friends and colleagues of both men,” Commissioner Patton said.
“We put forward what I thought was a very substantial body of evidence and a very strong case and I don’t think I can take the matter any further than that.”
“Our thoughts are with the Silk and Miller families and we know this will be a difficult time for them,” Commissioner Patton said
“We will continue to support both families as well as the many police who continue to be impacted by the tragic loss of Gary Silk and Rodney Miller.
“We’ll do what we do as a blue family, as a Victoria Police family. We’ll continue to wrap our arms around Carmel, Ian, all of those families. We will continue to wrap our arms around our own colleagues.”
Outside court, Police Association boss Wayne Gatt said the decision was “certainly one we didn’t expect”.
“Today’s decision is one that brings enormous grief and sadness,” Mr Gatt said outside the Supreme Court on Monday.
“And indeed that sadness will be very deeply felt by the family members of our fallen members,” he said.
Mr Gatt also praised the investigators, and said “they should stand with their heads held high”.
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