EXCLUSIVE Jason Roberts’ legal team asked: if the accused man pleaded guilty to the murder of officer Gary Silk and 10 armed robberies, what would be his likely sentence? NAKED CITY John Silvester
The retrial of Jason Roberts, who this week was acquitted of the 1998 murders of police officers Sergeant Gary Silk and Senior Constable Rod Miller, was in doubt earlier this year while the accused man considered pleading guilty to one count of homicide.
By accepting a guaranteed maximum term, Roberts would have avoided a potential life sentence under laws effectively banning police killers from being released on parole. This means much of the work for a trial is done without the jury present, when the judge makes dozens of decisions on what evidence is admissible.A wrong decision can open the way for an appeal on the basis that the jury was not provided with a balanced account. Days can be spent defining moments, and words spoken under white-hot stress examined in the cool light of day.
To understand Roberts’ arrest, conviction, retrial and ultimate acquittal we must look at two laws, one good and one bad. In 2016 the government changed the Sentencing Act, banning police killers from seeking parole unless chronically infirm - effectively throwing out Cummins’ judgment and re-sentencing Roberts to life. On any level, this was manifestly unfair and allowed politicians to hijack the sentencing process.In late 2012, respected veteran homicide investigator Detective Senior Sergeant Ron Iddles undertook a review of the evidence that led to Roberts’ conviction.
Roberts told Iddles he was Debs’ partner in 10 previous armed robberies but was not with him in Cochranes Road when Debs was looking at the Silky Emperor restaurant as a potential 11th target. It would have ended there, except that a copy of the original statement from one of the first police at the scene where Silk lay dead and Miller dying was unearthed - a statement hidden from the defence and the jury in the first trial.
Any suggestion the statements were altered to falsely implicate Roberts is misguided, since Debs and Roberts did not become suspects until five months after the alterations were made. It was a tidy-up rather than a cover-up, yet still inexcusable. It was the subject of severe criticism from the Court of Appeal and the Independent Broad-based Anti-corruption Commission and is now being investigated by police to see if disciplinary charges should be laid.
One of the first police there was Cheltenham Constable Brad Gardner, who was on a routine 6pm to 2am patrol. The most junior officer at the scene, having only graduated the year before, he held Miller’s hand and cradled his head. He took notes at the time, which included what Miller said when asked for descriptions.Ihle: “What did you do with that information?”Gardner hopped into the ambulance to write down anything else Miller might say.
His version was different to the prosecution’s, and he admitted to the defence he was a liar. He had a motive to give evidence: he hoped to be rewarded by being transferred from NSW’s Goulburn Prison back to Melbourne to be closer to his family.Kaye warned the jury that as a convicted criminal, any evidence Debs gave should be treated with caution. Clearly the jury didn’t believe him.
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