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ABC News
ABC News
National
court reporter Danny Tran

Jason Roberts murder trial over 1998 killing of police officers abandoned because of sick jurors

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

The murder trial of a Melbourne man accused over the notorious killings of two Victoria Police officers has been abandoned because of sick jurors.

Jason Roberts, 41, was facing a retrial in the Supreme Court of Victoria over the slayings of Sergeant Gary Silk and Senior Constable Rod Miller at Moorabbin in August 1998.

The police officers, who were investigating a string of armed robberies, were gunned down after pulling over a car on Cochranes Road.

Prosecutors in the case had not finished making their opening statements to the court.

But the trial, which was set to take up to four months, is temporarily in tatters after two jurors became ill earlier this week.

One juror fell sick on Tuesday and another fell ill today.

Today, Justice Stephen Kaye told the Supreme Court he would be discharging the jury with "considerable regret".

"I'm sorry to have to do this … I have absolutely no option than to do that," the judge said.

"I do want to thank you for your service.

"Each of you have been good enough to put your hand up, be available and to come and attend in this trial."

Justice Kaye told the jury that he considered standing over the trial but decided against it because it would cause "too long a delay".

During the trial, 15 jurors were empanelled but the court heard that Justice Kaye chose not to discharge the two sick jurors.

"It would reduce your numbers too low, given the fact that we anticipate this trial will take at least four months," he said.

A new jury is expected to be empanelled in about two weeks.

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