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National
Judd Boaz

His murder conviction overturned, Jason Roberts still faces armed robbery charges after release

Jason Roberts has been released on bail after more than two decades spent behind bars. (AAP: James Ross)

About midnight on August 16, 1998, Sergeant Gary Silk and Senior Constable Rodney Miller pulled a car over on Cochrane's Road, Moorabbin, in Melbourne's south. 

They were gunned downed in a suburban street after approaching the vehicle, both dying that night.

The events led to a two-year long manhunt, with Victoria Police offering their highest-ever reward of $500,000 for information on the murder and, in July 2000, Bandali Debs and Jason Roberts were arrested for the killings.

Since the moment of his arrest, Mr Roberts — who was 17 at the time of the shootings — has maintained his innocence regarding the murders.

After two decades involving a string of unsuccessful court appeals, an anti-corruption probe and, finally, a re-trial ordered in 2019, a Supreme Court jury's decision on Monday to acquit Mr Roberts ended his 22-year stint in prison.

The path to yesterday's decision and the next steps Mr Roberts might take are far from simple, but the now 41-year-old will taste freedom and prepare for at least one more court appearance.

Gary Silk (left) and Rodney Miller, both Victoria Police officers, were shot and killed in the Melbourne suburb of Moorabbin in 1998. (ABC News)

Why was there a retrial?

More than a decade after Mr Roberts' conviction, new evidence emerged from an investigation by the Independent Broad-based Anti-corruption Commission (IBAC), claiming police officers had tampered with evidence in the case.

IBAC's investigation found that a statement made by Constable Pullin about Senior Constable Miller's dying words — claimed to be written hours after the events — were actually written 10 months after the murders.

Constable Pullin claimed that Miller had made reference to more than one offender, a central argument of the 2002 murder trial.

In addition, multiple officers gave false evidence on oath and police statements were altered or destroyed altogether.

The Supreme Court subsequently concluded that Constable Pullin's actions "corrupted the fairness of the appellant's trial as to poison it to its root".

Based on the new revelations, the Court quashed the charges and ordered a retrial, citing an "underlying public interest in the prosecution of the very serious offences".

The Supreme Court found that evidence provided by IBAC raised "a serious question" as to the fairness of the trial. (ABC News)

Jury finds in favour of Roberts

The retrial lasted three months, involved almost 100 witnesses and was hampered by a jury discharge after two jurors became ill.

Debs, 68 — whose daughter Mr Roberts was dating at the time — told the court that Roberts was in the car with him on the night of the murders and that both were armed.

The pair had conducted a series of armed robberies together in the lead-up to the murders.

However, Debs denied shooting Sergeant Silk and testified that he heard shots coming from Roberts' direction during the firefight.

In his own testimony, Mr Roberts denied he was present for the murders and said he was at his girlfriend's house.

He blamed Debs for both killings.

Bandali Debs and Jason Roberts gave conflicting testimony during the retrial as who was present during the shootings. (ABC News)

Lawyer David Galbally AM QC said the backdating and changing of evidence during the investigation would have been a major concern to the jury.

"It certainly appears as if the authorities — namely the police — have set about making sure that this man gets convicted," Mr Galbally said.

"They've formed the view that he's guilty and they have acted as jury, judge and executioner."

After deliberating through the weekend, the jury found Mr Roberts not guilty of the murders.

What happens now?

While Mr Roberts has been acquitted of murder, he still must face charges of armed robbery, which he had admitted to committing alongside Debs. 

He immediately applied for — and was granted — bail but will have to return to the Supreme Court in September for a pre-sentence hearing with victim impact statements.

Restaurant owners tormented by Mr Roberts during his armed robberies will be present to give their testimony.

Questions will then arise as to whether Mr Roberts will pursue compensation for his 22 years in prison for the murder conviction.

Potential civil action may not only be taken against Victoria Police but also against the Victorian government, leaving taxpayers to potentially foot a "significant" compensation bill.

"It would be a significant action in terms of damages. I don't know how you compensate somebody for the deprivation of their liberty for that length of time," Mr Galbally said.

How did Victoria Police react to the verdict?

Victoria Police Chief Commissioner Shane Patton said the verdict had been disappointing but would not comment further on whether an appeal would be considered.

"Any considerations in respect to this verdict are a matter for the Director of Public Prosecutions," Chief Commissioner Patton said.

"Out of adversity we will continue to move forward … We'll come together and we'll continue to do what we do and be strong."

Shane Patton says the verdict was a disappointing conclusion to a 24-year investigation. (AAP: James Ross)

Chief Commissioner Patton also refused to comment on any of the misconduct by Victoria Police officers outlined by the Court.

Jeremy King is a police misconduct specialist with Robinson Gill Lawyers. He said the Jason Roberts case highlighted a trend in the behaviour of Victoria Police.

"There is a bit of a pattern here and a bit of systemic misconduct in regards to the manipulation of evidence and which bits of evidence go to defence counsel and which are held back," Mr King said.

"It undermines the public's faith in the criminal justice system and in policing in Victoria."

Mr King said he believed it was unlikely the truth would have come to light if Victoria Police were left to police themselves.

"What this shows is that, unless you have independent oversight of Victoria Police, they will never be called into question and never be held accountable for their actions," he said.

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