Bandali Debs

Case record: Bandali Debs

Background

Bandali Michael Debs (born 18 July 1953) was an Australian murderer.

Debs was from Narre Warren, a south eastern suburb of Melbourne. He was employed as a tiler. He had fathered five children.

The youngest son of Debs, Joseph, was found dead due to a suspected drug overdose at a house in Greensborough in December, 2003.

While imprisoned, Debs undertook psychology, life skills and computer training and was employed as a prison carpet cleaner.

Debs was linked to the killing of New South Wales prostitute Donna Ann Hicks through DNA analysis. Melbourne detectives interviewed Debs and raided his previous address on 30 September 2008 as part of the murder investigation into Hicks’ killing. Hicks was shot dead in April 1995.

The offence

Murder of Victoria Police officers (Silk-Miller murders)

The Silk-Miller murders (also known as the Moorabbin Police murders) involved the murders of Victoria Police officers Sergeant Gary Silk and Senior Constable Rodney Miller at Cochranes Road, Moorabbin, Victoria on 16 August 1998.

On the night of the murders, the Police Officers were staking out the Silky Emperor Restaurant near the corner of Cochranes and Warrigal Roads, Moorabbin at approximately midnight. The officers were gunned down at close range.

The Hamada pattern of robberies was described as robberies with violence committed by two armed and disguised men, one older and authoritative, one younger, compliant and willing, with victims left bound hand and foot with tape. The area of operations was described as the eastern and south-eastern suburbs of Melbourne.

The offences included:

• Bevic's Auto Parts, Carrum Downs, on 9 March 1998
• Sports Mart in Noble Park on 29 March 1998
• Green Papaya Restaurant, Surrey Hills, on 18 July 1998
• Silky Emperor Restaurant, Moorabbin, late on Saturday night, 15 August 1998, where just after midnight at closing time the pair drove into the carpark at the rear of the Silky Emperor Restaurant

Sergeant Silk commenced to speak with Debs. Senior Constable Miller commenced to move back to the police vehicle to radio particulars. Sergeant Silk had out his notebook and pen. He called Roberts onto the grassy verge on the south side of Cochranes Road so that answers could not be heard by Debs.

The sentencing remarks described the killings as follows: Debs and Roberts reached a crossroads and chose murder. Roberts was described as grievously shooting Sergeant Silk at close range in the chest with a .38 calibre handgun without warning. Senior Constable Miller was described as drawing his police revolver and shooting at Roberts in defence of Sergeant Silk. Debs was described as re-entering the vehicle to obtain his .357 magnum handgun and firing repeatedly at Senior Constable Miller through the hatch window, with one shot mortally wounding Miller. In great pain, Senior Constable Miller managed to struggle away and managed to seek help and for apprehension. Debs was described as not pursuing and instead shooting Sergeant Silk in the pelvis and then in the head, with the last shot killing him instantly to ensure he could not identify either of them. The two men then returned to the car and drove away slowly.

Senior Constable Miller was taken by ambulance to the Monash Medical Centre and died at 3.35 am.

Senior Constables Sherren and Bendeich provided descriptions of Debs and the vehicle. The sentencing remarks described glass from the hatch window of Debs’ car as a silent witness.

The vehicle used was described as a Hyundai Excel 3 door hatch, reg no. OJI 862, owned by Nicole Debs (Debs’ daughter) and used in conjunction with Roberts. It was stated that this rear window was shot out with a .357 magnum.

Timeline

• 16 August 1998 — Sergeant Gary Silk and Senior Constable Rodney Miller were murdered at Cochranes Road, Moorabbin, Victoria.
• 17 June 1997 — Kristy Mary Harty was murdered at Upper Beaconsfield.
• 20 June 2005 — Police charged Debs with the murder of Kristy Mary Harty.
• 22 February 2003 — Debs was convicted and sentenced to two consecutive terms of life imprisonment with no minimum term for the murders of two Victoria Police officers.
• 24 February 2003 — Debs was sentenced by Cummins J to two terms of life imprisonment without a non-parole period in respect of either of those terms.
• June 2007 — A Victorian Supreme Court jury found Debs guilty of the shooting death of Kristy Mary Harty at Upper Beaconsfield.
• 15 August 1998 — The Silky Emperor Restaurant carpark was described as where the pair drove into the carpark late on Saturday night, 15 August 1998, shortly before the police stakeout was engaged.
• 30 September 2008 — Melbourne detectives interviewed Debs and raided his previous address as part of a murder investigation into the killing of Donna Ann Hicks.
• 31 December 2002 — After a four and a half month trial, the jury convicted each of Debs and Roberts of the murders of two officers.
• 24 September 2001 — Debs faced charges relating to the murders of Silk and Miller and 13 other charges of armed robbery alleged to have occurred between March and July 1998.
• 25 July 2000 — Debs and Roberts were arrested; Debs was charged with the murders of Sergeant Silk and Senior Constable Miller.
• 15 August 2000 — Debs was rearrested and charged with the murders of Sergeant Silk and Senior Constable Miller.
• 22 June 2007 — Debs was sentenced by Justice Kaye for the murder of Kristy Mary Harty.
• 10.40am (court entry referenced) — As the jurors entered court, Debs frowned but otherwise stood impassively in the Supreme Court dock (trial day narrative).

Investigation

Operation Lorimer and evidence linking the vehicle

Operation Lorimer was described as an investigation into the killings. A specialist task force, codenamed Lorimer, was immediately established to investigate the killings, commanded by Detective Superintendent Paul Sheridan, with Detective Inspector Graeme Collins second in command.

Police described tracing shattered glass on Cochranes Road to Debs’ door as part of the investigation. Evidence included pieces of glass described as suspected to be from the getaway car used by the killers. Police tested this glass and discovered it came from a late model Hyundai hatchback.

It was stated that glass samples narrowed the exact make and model from glass samples, and the vehicle was registered to the daughter of known criminal, Bandali Debs.

The investigation described a series of eliminations based on shattered glass samples and manufacturing changes. The final stage described physical checking in Victoria, interstate and in the United Kingdom of remaining vehicles by VIN number, build plate and other criteria, resulting in only one vehicle not eliminated as the killers’ vehicle.

The vehicle was stated as having come off the production line at the Hyundai Motor Company manufacturing plant at Ulsan, South Korea at 9.25 am on 13 March 1997 and fitted with a rear window manufactured by the Keumkang Chemical Company at Yeoju, South Korea, in February 1997.

At the outset, Hyundai suppliers and all glass outlets were contacted and asked to contact the Task Force if a replacement Hyundai Excel tailgate window was sought by any person. Numerous reports of replacement windows were received.

Debs and Roberts were described as later being questioned about how the rear window had been broken, with it being stated that Debs gave a detailed and false story about breaking it at work and Roberts feigned ignorance.

A forensic examination described as occurring on 21 December 1998 at the Victorian Forensic Science Centre laboratories at Macleod extracted glass fragments and examined forensic item 171, with the vehicle cleared and returned to Debs.

In August 1999, telephone record examination of Debs indicated a criminal link, leading to further examination of the fragments by refractive index analysis and microscopic examination of the H terminal symbol. A match was discovered with glass from Cochranes Road.

In September 1999, a specific operation was established further to investigate Debs’ activities on the fateful night.

In October, Ms Coffman identified Debs and Roberts as a Hamada robber.

In November, lawful electronic surveillance using listening devices and telephone intercept commenced.

Electronic surveillance and taped conversations

The electronic surveillance was described as revealing guilt through conversations exhibiting constant and obsessive interest in the police investigation and opportunistic responses to setbacks or diversions.

The sentencing remarks included recordings:

• On 15 February 2000, in listening device recording B24 (pp.86-90) Debs was described as giving a chilling account of the killings.
• On 11 February 2000, in recording B14 Debs was described as contemplating killing further police officers to divert and confuse the investigation, quoting: "to make the investigation to spread stupidly" (p.30).
• On 7 July 2000, in listening device recording B126 (p.211) involving both men, Roberts was described as paralleled shooting of Sergeant Silk with extraordinary callousness.

It was stated that there was an absence of remorse in the recordings.

Arrest

Debs and Roberts were arrested on 25 July 2000. Debs was charged with the murders of Sergeant Silk and Senior Constable Miller.

Roberts was released. It was stated that Debs was in custody for three weeks.

On 15 August 2000, Debs was rearrested and charged with the murders of Sergeant Silk and Senior Constable Miller.

Trial

Murder of Victoria Police officers

Debs and Roberts were found guilty of the murders.

The jurors delivered verdicts at the beginning of its seventh day of deliberations and on the 113th day of the trial. The prosecution called 157 witnesses and the defence four. The jury deliberated for 7 days, corresponding to the narrative of its seventh day of deliberations.

The jury delivered verdicts with “Yes” to the question of unanimity.

Detective Superintendent Paul Sheridan described the trial as "a particularly long road".

Chief Commissioner Christine Nixon stated the verdict was a step in the healing process and that the murders were "a despicable act of violence" on the fabric of society.

Neil Comrie stated Debs and Roberts should be sentenced to life in prison and said: "It is up to the courts to send a strong message,".

The prosecution closing address included:

• Prosecutor Jeremy Rapke, QC, said: "no one who heard all the evidence could have the slightest doubt who murdered the two officers."
• He also said: "it was time for Debs and Roberts to pay for their crimes."
• In closing, he said: "The words and the tones are malevolent and absolutely devoid of the slightest suggestion or hint of contrition or regret,".

It was stated that Debs and Roberts denied being at the shooting scene and denied being part of a series of armed robberies police were investigating at the time.

The jury heard about scientific evidence and secretly taped conversations, including statements about glass fragments from the murder scene at Cochranes Road coming from the Hyundai car used by the killers and owned by Bandali Debs' daughter, Nicole.

The material included a dispute narrative involving scientists:

• It stated that a scientist Edward Kennedy-Ripon mistakenly excluded the Debs vehicle from suspicion.
• It stated that another scientist, Peter Ross, said he conducted an examination after more extensive testing indicated glass from Cochranes Road and the Hyundai were from the same source.
• It stated that Peter Ross said he could not differentiate between test results for glass from the road, the Hyundai and glass recovered from clothing of Senior Constable Miller.

During sentencing proceedings in this case, Justice Cummins made remarks in addition to those in the later sentencing for Kristy Harty.

On 17 February, the two men were remanded in custody for pre-sentence submissions.

Roberts’ solicitor Marita Altman stated her client would appeal.

Debs’ counsel, Chris Dane, QC, asked if his client would appeal, said: "Time will tell."

Sentencing

Police murders (Silk and Miller)

Debs was sentenced to two consecutive terms of life imprisonment with no minimum term.

It was stated that Cummins J declined to set a non-parole period in respect of either of those terms.

In the sentencing of the police murders:

• The sentencing remarks included quotes from Sir Samuel Griffith (1906): "When a man does an extraordinary or wicked thing, there is probably some cause inducing or impelling him to do so, and the more heinous the act, the more important becomes the question of motive."
• The sentencing remarks included the prosecutor quotation narrative, including that Sergeant Silk had nothing more lethal than a pen and that his revolver was in its holster and covering flap buttoned down.
• The sentencing remarks included: "I have been working as a forensic officer for 25 years. I am known amongst the courts as a highly moral and ethical worker... Everything that I have found was found was there, in fact, is there. Everything can be tested. You can find the gunshot residue, the lead on that piece of tape. You can see. It will still be there. It is embedded in there. You will find the gunshot residue that I got from the glass on the stub I took from the glass. Anyone who repeats the work on the symbol will find exactly the same result. It was there. Live with it." This quote was attributed to Mr Peter Ross.

The sentencing remarks also stated that Detective Senior Constable Tyler labelled an allegation as "completely false" and that Detective Inspector Collins labelled it as "an absurdity".

The sentencing remarks set life imprisonment for the murder of Sergeant Silk and life imprisonment for the murder of Senior Constable Miller and set no minimum term.

Murder of Kristy Mary Harty

On 17 June 1997, Kristy Mary Harty was murdered at Upper Beaconsfield.

Police charged Debs on 20 June 2005 with the murder of Kristy Harty.

Debs was convicted in May 2007 of the murder of Harty and sentenced to a third consecutive term of life imprisonment.

At sentencing on 22 June 2007, Justice Kaye made remarks including:

• "Your murder of Ms Harty was entirely senseless, needless and wanton."
• "The evidence discloses beyond any doubt that this was not a case of a sexual encounter in which, in the heat of the moment, feelings or passions may have led to a spontaneous and irrational act of violence. Rather, and quite to the contrary, this was, most clearly, a callous, craven and senseless murder in cold blood of an entirely innocent, defenceless and vulnerable young woman."
• "The evidence leads to the inevitable conclusion that you murdered Kristy Harty for no other reason than for the sheer sake of it."

In the formal sentencing remarks, Justice Kaye stated:

• "Bandali Michael Debs, you have been found guilty by the jury empanelled upon your trial in this Court of the murder of Kristy Mary Harty on 17 June 1997 at Upper Beaconsfield."
• "You are already serving two terms of life imprisonment, without a non-parole period, imposed on you by order of this Court on 24 February 2003."
• "Accordingly, the sentence of the Court is that, for the murder of Kristy Mary Harty at Upper Beaconsfield on 17 June 1997, you be imprisoned for the rest of your natural life and without the opportunity for release on parole."
• "In addition, at the request of the Crown, I declare you a serious offender for the purpose of Part 2A of the Sentencing Act 1991."

Justice Kaye described the circumstances as including tender years, vulnerability, being totally defenceless on a bush track at dusk or in the dark, and that there was no sign of struggle or disagreement prior to the shooting.

Justice Kaye stated that at the time of the offence Debs was 44 years of age and that he was living in Narre Warren with his wife and family and was a self employed tiler.

The formal remarks described Harty as 18 years of age, as having a father who died in an accident with traumatic effect on her family and herself, and as being significantly afflicted with psychological and emotional problems. It was stated that in the days preceding her death she told people she was in urgent need of the sum of $90 to pay off a debt. Justice Kaye stated that she resorted to attempting to solicit sex for money from motorists on the Princes Highway, Dandenong and surrounding roadways and that she was last seen on the Princes Highway a short distance east of Dandenong at about 4.30 pm. Justice Kaye also described a sighting in Belgrave at 6.30 pm as likely not on the day she died.

Justice Kaye stated that the body was found on 18 June 1997 in bush a short distance from a track some 180 metres west of Upper Beaconsfield Road, shot at very close range in the back of her head, with underpants around her ankles.

Justice Kaye stated pathology tests and DNA analysis proved unprotected sexual intercourse between Debs and Harty in the period leading to her death and that forensic evidence showed she had been shot with a .357 Magnum calibre revolver, with such a weapon and ammunition connected subsequently to Debs.

Justice Kaye stated Debs had not been charged with any offence relating to the sexual intercourse act, so the sentence was not affected by anything relating to that act.

Justice Kaye also stated that Debs launched an unsubstantiated and groundless attack on the credibility and integrity of the police responsible for investigating his crime during trial, and recorded that there was not the slightest basis for that attack.

Justice Kaye stated that victim impact statements of Ms Harty’s mother and her two siblings had been tendered on the plea and described the statements as speaking of traumatic and shattering effect on Harty’s remaining family.

Appeals

No appeal outcome was stated for Debs in the provided material.

Outcome

Debs received:

• Two consecutive terms of life imprisonment with no minimum term in February 2003 for the murders of two Victoria Police officers.
• A third consecutive term of life imprisonment in May 2007 for the murder of Kristy Mary Harty.

Other details

Victim and offence relationship details in Harty murder narrative

Justice Kaye stated Kristy Harty was unknown to Debs before the day of her murder, and that the pair met while Harty was soliciting sex for money on the Princes Highway, traveled together to the bush track in Upper Beaconsfield to have sexual intercourse, during which Harty produced a safe sex pack and unwrapped a condom for Debs to use but the condom was not used. Justice Kaye stated that Debs shot Harty in the back of the head at close range while she was lying face down, then dragged her dead body into bushes and dumped it.

Linked charged case before the courts

Debs was charged with the shooting murder of New South Wales prostitute Donna Ann Hicks, described as a case currently before the courts.

Prisons and detention

Debs was detained at HM Prison Barwon.

Family members and interactions in court (Silk and Miller trial narrative)

The narrative included:

• Senior Constable Miller’s widow, Carmel, sobbed loudly as verdicts were announced.
• Sergeant Silk’s mother, Val cried out once and then silently wiped her face.
• Mrs Miller expressed relief outside court, saying: "What we were delivered today was the only possible outcome we could live with,".
• Family members and friends of the officers wept and applauded as jurors delivered verdicts.
• Outside court, Sergeant Silk’s brother, Ian, said: "Something like this doesn't bring closure," and "Any dramatic or tragic death never finally leaves you, but it's certainly the ending of a chapter of a book and a good platform for all of us to move on."