Why Jason Roberts isn’t automatically entitled to compensation, despite wrongful conviction

A former Victorian Chief Magistrate says Jason Roberts will not be automatically entitled to compensation, despite having his murder conviction overturned after spending 22 years in prison.

In a shock decision, that has left the families of murdered police Gary Silk and Rodney Miller devastated, Roberts is now a free man.

He has always maintained his innocence.

It’s likely Roberts will now sue Victoria Police and state government.

Nick Papas QC told Neil Mitchell it wasn’t as black and white as it may seem.

“Unless you can show there has been maliciousness wrongdoing in the prosecution, in some way, then no compensation generally flows,” he said.

He said people needed to make a clear distinction between criminal and civil cases.

“I’ve seen some reporting which is surprisingly misguided,” he said.

Press PLAY below to hear Nick Papas QC explain how it works

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