By Karen Sweeney, Aap
The officer who cradled dying police officer Rodney Miller in 1998 says he repeated a description of his attackers over and over as if he had memorised it.
Sergeant Helen Poke was among the first on the scene on 16 August when Senior Constable Miller and Sergeant Gary Silk were shot while staking out an armed robbery target.
They had pulled over a car near the Silky Emperor restaurant in Moorabbin when they were fired upon. Sgt Silk was shot three times and died beside their unmarked police car.
Sen Const Miller managed to run back to the restaurant, collapsing in the driveway.
Jason Roberts, 41, is charged with murdering both officers. He has pleaded not guilty to those charged, but has admitted 10 armed robbery offences.
Prosecutors allege Roberts fired a .38 calibre round that struck Sgt Silk in the chest. He was hit twice more, in the hip and head, with .357 rounds prosecutors attribute to convicted killer Bandali Debs’ weapon.
It’s argued Roberts, from Cranbourne, was directly liable for Sgt Silk’s murder, that he aided and abetted Debs, or there was a joint criminal enterprise between the two.
The single shot that killed Sen Const Miller was a .38 calibre round alleged to have come from Debs’ weapon.
It’s alleged Roberts is guilty of Sen Const Miller’s murder by aiding and abetting Debs or through a joint criminal enterprise.
Central to the case is whether there were two offenders at the scene – something officers who recorded Sen Const Miller’s final words say he was sure of.
Sgt Poke was 200 metres away when the call for help came in and she arrived at the scene within 20 seconds to see one officer leaning against his car looking distressed.
She saw a body nearby and another colleague warned her “don’t look”.
She was among the first to reach Sen Const Miller after he was located, cradling him in her lap and reassuring him.
He repeated the same phrase over and over as if he had memorised it, she said.
“He kept the same order – get them, I’m f***ed, two offenders, one on foot, six foot, dark hair, checked shirt, dark Hyundai – and then we’d go back to the start,” she said.
Lou Gerardi was also quick to arrive at the scene after driving up to 150km/h to reach the officers in minutes.
“I didn’t lift my foot until we got there,” he said, breaking down when he described seeing Sgt Silk’s body slumped on the grassy verge.
He heard a surprisingly calm voice on the police radio say Sen Const Miller was found.
Mr Gerardi held Sen Const Miller’s hand as the dying officer told him “I’m f***ed” and to “get them c***s”.
Both say Sen Const Miller referenced multiple offenders, though both acknowledged they had not used “offenders” in their statements.
Sgt Poke said she had been told by a detective at the time to leave Sen Const Miller’s description of the offenders out of her statement – against police policy.
The jury trial before Justice Stephen Kaye is continuing.
