A Melbourne man accused of the brutal slaying of two Victorian police officers has left prison for the first time in decades after being acquitted of their murders.
Jason Roberts has been facing a retrial in the Supreme Court of Victoria over the notorious murders of Sergeant Gary Silk and Senior Constable Rodney Miller at Moorabbin in 1998.
But after three months and 91 witnesses, a jury found him not guilty of the murders of the two police officers.
Prosecutors are not able to appeal a verdict of not guilty.
The 41-year-old was initially convicted of the murders along with his girlfriend's father, Bandali Debs, in 2002, but a fresh trial was ordered after concerning new evidence emerged about improper police practices, which were ultimately used in the case against him.
The decision is a significant win for Mr Roberts, who has long maintained his innocence and, before the retrial, had exhausted all his legal avenues, including the High Court of Australia.
He has always said that Debs acted alone because he was planning his birthday party.
Mr Roberts was just 17 when the police officers were killed and has spent most of his life behind bars.
He immediately applied for bail which was granted by Justice Stephen Kaye.
Prosecutors did not oppose the bail application.
Senior Constable Miller's widow Carmel Arthur bowed her head when the verdict was declared.
Later in the day, supporters of Mr Roberts told the media "we're just glad that he's out".
Families 'devastated' by verdict
In a statement, Chief Commissioner Shane Patton said Victoria Police acknowledged the court's decision.
"The murders of Sergeant Gary Silk and Senior Constable Rod Miller in 1998 had an enormous impact on Victoria Police as an organisation, and were devastating for the families, friends and colleagues of both men," he said.
"Our thoughts are with the Silk and Miller families today and we know this will be a difficult time for them."
The families of the officers released a joint statement saying they were "absolutely devastated" by the decision.
They thanked the police who investigated the murders as well as the prosecution team, describing the quality of their work as "exceptional".
"A number of lives changed when Gary and Rod were murdered and many lives will never be the same, including the first responders and the Detectives involved in the case — all of whom have shown great courage, determination and grace as they pursued justice," the statement said.
"Their loss continues to leave a huge hole in our lives."
Victorian Police Association secretary Wayne Gatt said the organisation respected the court's decision, but that sadness would "envelope the policing family today".
Roberts told court he was not with Debs on night of killings
In August 1998, Sergeant Silk and Senior Constable Miller were staking out a restaurant in Moorabbin which they believed could be the next target for a series of armed robberies which had been occurring around Melbourne's south-eastern suburbs.
Just after midnight they followed a car onto Cochranes Road.
During the retrial, Mr Roberts admitted to his part in the robberies, but took to the witness stand to declare he had chosen not to go with Debs on the night the two officers were killed.
"I had a couple of drinks with dinner and I had my 18th that was the following week," Mr Roberts said on the stand.
"Did you go out with Bandali Debs that night," his barrister, David Hallowes SC, asked.
"No I did not," Mr Roberts said.
But Debs' testimony directly contradicted the accused man's evidence.
"At the time that car was pulled over do you know who was in it," the prosecutor, Ben Ihle QC, asked him.
"Um, myself and Jason Roberts," Debs said.
Debs, who appeared from the Goulburn Supermax prison in New South Wales where he is serving life without parole, told the jury that he was armed.
"Did Mr Roberts also have a handgun?" Mr Ihle asked
"Yes, he did."
Prosecution disputed witness version of events
Even though Debs was a witness for the prosecution, they disputed parts of his evidence.
Debs accepts that he shot Senior Constable Miller in August 1998, but there are differing accounts about how the shooting started.
He testified that after the pair were pulled over, Senior Constable Miller shone the torch in the car and asked, "Who's the passenger?"
"I said, 'That's Jase. We're going to a club in the city."
He told the jury that he was asked to open the boot by Senior Constable Miller while Sergeant Silk went to speak to Mr Roberts
He said that as he opened the boot, he pulled his gun out and fired it twice at Senior Constable Miller through his cardigan.
"I didn't even look at Miller, I just fired two shots," Debs said.
"He went flying back."
"After you fired those two shots, what did you do?" Mr Ihle asked.
"Um, I turned to the side and I heard shots fired over where, where Roberts and Silk was," Debs said.
"Did you see who fired those shots," Mr Ihle asked.
"No," he said.
But Mr Ihle presented a different account.
He told the jury that Mr Roberts shot Sergeant Silk first as a "signal" to Debs, who then shot Leading Senior Constable Miller.
"They always planned to get away. And the accused himself was strongly motivated to ensure that neither he nor Debs were caught by the police," Mr Ihle said.
"They were working together, and by his actions he was telling his teammate, his brother-in-arms, his co-offender, that they should shoot their way out of trouble, even if it meant killing someone," he said.
Mr Ihle said that Debs then returned to where Sergeant Silk lay.
"Debs came back and put two further shots into Sergeant Silk's body, one to the head, one to the chest … as he lay on the ground," Mr Ihle said.
Mr Hallowes, who is defending Mr Roberts, attacked Debs' credibility and motivation for giving evidence.
"Lying is like breathing for Bandali Debs" Mr Hallowes told the jury.
"He's a dishonest person who's lied to you, clearly lied in the past and has sought to make a deal with police to further his own interests.
"He lies for no reason."
The Supreme Court heard that after Mr Roberts was granted a retrial, Debs contacted the Homicide Squad and, in exchange for testifying against Mr Roberts, asked them for immunity, a parole date and a way to get back home to Victoria.
"You wanted to do a deal with the police," Mr Hallowes said.
"That's correct," Debs said.
