A Melbourne man who spent more than half his life behind bars before being acquitted over the murders of two police officers has been sentenced to time served for lesser crimes, ending a decades-long legal brawl over his innocence.
It is the closing of a chapter for Jason Roberts, 42, after a jury found him not guilty over the notorious killings of Sergeant Gary Silk and Senior Constable Rodney Miller at Moorabbin in 1998.
He had served 22 years behind bars when the verdict was handed down in the Supreme Court of Victoria.
Roberts was initially convicted of the double murder in 2002, along with his then-girlfriend's father Bandai Debs, but he convinced Victoria's highest court to grant him a retrial after new evidence emerged about the use of improper police practices to convict him.
During the retrial, which lasted three months and spanned 91 witnesses, Roberts pleaded guilty to carrying out 10 armed robberies with Debs, but has always maintained that he took no part in the police slayings.
That guilty plea meant that when he was acquitted of the murders, he still had to apply for bail and, last week, return to the Supreme Court to hear a victim impact statement from one terrified shop assistant.
Today, Justice Stephen Kaye sentenced Roberts to six years and six months' prison over the robberies, but formally spared him any further jail time.
Justice Kaye detailed a series of armed robberies which Roberts conducted with Debs, who he described as a "hardened and violent criminal".
Together, the pair plundered cash, jewellery and takings from terrified victims, some of whom recently made impact statements.
"Those statements describe the profound and enduring trauma which was caused to each of them as a result of your criminal conduct," Justice Kaye said.
"The targets in the armed robberies were small businesses which you robbed of their hard-earned takings."
Justice Kaye said Debs and Roberts' actions in pointing their guns and shouting at their victims was calculated to be terrifying.
"The victims were forced at gunpoint to lie faced down on the floor and have their hands and feet bound behind their backs," he said.
On one occasion, at the Green Papaya restaurant at Surrey Hills in July 1998, Roberts forced staff members to lie down on the dance floor.
As they fled, Debs gave staff a parting message: "Tell the police Lucifer was here."
The Supreme Court has heard his mental health has deteriorated since he left Barwon prison, where he was kept in a high-security unit.
"You appear to be overwhelmed with your new found freedom and independence," Justice Kaye said.
He told the court that Roberts has depression and anxiety.
"I accept you are genuinely remorseful for your involvement in the offences and for the harm which you caused to the victims of them," he said.
"Plainly you are now a very different person to the individual who became involved in the commission of the offences."
Since being released from prison, Roberts has been restoring a car and is now living on welfare payments.
"You have reconnected with your immediate family and extended family, and a small number of friends have remained loyal to you. But you've found socialising extremely challenging and overwhelming," Justice Kaye said.
"At present you do not leave your home unless it is necessary and you only do so in company with a close family member."
Roberts has not indicated whether he plans to pursue a lawsuit against Victoria Police over its handling of the affair.
Conflicting evidence in re-trial
In August 1998, Sergeant Silk and Senior Constable Miller were staking out a restaurant in Moorabbin which they believed could be the next target in a series of armed robberies around Melbourne's south-eastern suburbs.
Just after midnight, they followed a car onto Cochranes Road.
The accounts of what happened next came into conflict during the retrial.
During the hearing, 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," Roberts said on the stand.
But his denials were directly contradicted by Debs, who was called as a witness and told the jury that Roberts was armed and by his side in the car that was pulled over.
There was also a disagreement over how the shooting started, with Debs telling the court that he fired at Senior Constable Miller through his cardigan as he was opening the boot of the car.
But prosecutors rejected that, alleging that Roberts shot Sergeant Silk first as a "signal" to Debs, who then shot Leading Senior Constable Miller.
The jury was ultimately convinced by the defence.
