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ABC News
National
court reporter Danny Tran

Jason Roberts denies being present for Silk-Miller murders, blames former crime accomplice

Victorian police officers Gary Silk (left) and Rodney Miller were shot and killed in Moorabbin in 1998. (ABC News)

A Melbourne man accused of gunning down two Victoria Police officers has taken the witness stand at his murder trial and told a jury that he had nothing to do with the slayings more than two decades ago.

Jason Roberts, 41, has appeared in the Supreme Court of Victoria where he has been fighting allegations that he was involved in the fatal shootings of Sergeant Gary Silk and Senior Constable Rodney Miller at Moorabbin in 1998.

He was convicted of the murders along with Bandali Debs in 2002 but successfully appealed against that.

The jury has been told he is facing a re-trial of the murder charges.

Accused denies being present for Silk and Miller murders

Last month the Supreme Court heard evidence from Debs who testified that Mr Roberts, who was dating his daughter, was armed and present on the night that the two officers were gunned down.

Debs said he heard gun shots coming from Mr Roberts' direction.

But on Friday, Mr Roberts said he was innocent.

"Did you shoot Sergeant Gary Silk?" his defence lawyer, David Hallowes SC, asked.

"I certainly did not," Mr Roberts said.

"Did you shoot Senior Constable Rodney Miller?" Mr Hallowes asked.

"I certainly did not," Mr Roberts said.

Mr Roberts told the jury that on the night of the killings in August 1998, he went out to dinner with his girlfriend, Nicole Debs, to The Bear House restaurant in Cranbourne before going back to her house.

He testified that was when her father, Bandali Debs, tried to tempt him to go and case restaurants to rob.

Mr Roberts, who was just 17 at the time, has since pleaded guilty to taking part in armed robberies on other occasions.

But he told the jury he knocked back Debs that night.

"Did you go out with Bandali Debs that night?" Mr Hallowes asked.

"No I did not," Mr Roberts said.

"Why didn't you want to go out?" Mr Hallowes asked.

"I had a couple of drinks with dinner and I had my 18th that was the following week," Mr Roberts said.

The accused man told the jury that he wanted to go through with plans for the celebration with his girlfriend.

"There was a limousine booked," he said.

Accused blames former associate for both shootings

Mr Roberts testified that he next saw Debs sitting in the lounge room in the early hours of the following morning.

The court heard that Debs was listening to a police scanner and there was a gun on the coffee table.

"He said that if I hear anything, hear any noises, keep the girls upstairs which I thought was strange and [I] just went upstairs and went back to bed," Mr Roberts said.

Mr Roberts said that Debs later showed him the car that was allegedly used during the killings.

He said that Debs told him that police officers had pulled him over near the Silky Emperor restaurant on Cochranes Road, and asked him to open the boot.

"As the boot was opening … he shot Rodney Miller," Mr Roberts recalled on the witness stand.

"He said he was standing next to him and he shot him in the side of the chest.

"He then went to Silk who was at the window and shot him twice."

Mr Roberts said that Debs told him a "shoot out" then started with Senior Constable Miller, who fled.

Police officers Rodney Miller and Gary Silk were found shot dead near the Silky Emperor restaurant in 1998. (ABC News)

He told the jury that Debs followed before he changed his mind and went back to the scene of the shooting.

"He said he shot Gary Silk … drove off and left," Mr Roberts said.

The Supreme Court heard that Debs, who was also known as Ben, later "cut up" the guns before disposing of them.

Mr Roberts conceded that he lied when he was interviewed by police.

"Ben had told me what he had done … I didn't want to sit there and say this is what happened, he'd done this," he said.

Under cross-examination, the prosecutor, Ben Ihle QC, called into question the accused man's credibility.

"You were telling so many lies to so many people, it's hard to keep track, isn't it?" Mr Ihle said.

"I were lying, yes, I've said that over and over again," Mr Roberts said.

The trial continues.

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