A fresh appeal for convicted double police killer Jason Roberts will be heard in Melbourne next week.
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Sergeant Gary Silk and Senior Constable Rodney Miller were killed while on duty, investigating a series of robberies in the Melbourne suburb of Moorabbin in 1998.
Roberts and Bandali Debs were found guilty of the murders four years later, but Roberts has always maintained his innocence.
He was granted another appeal by Victoria's Court of Appeal earlier this year, after new legislation created a new avenue of review in cases with fresh evidence.
A two-day appeal is scheduled to be heard on Tuesday and Wednesday.
Roberts' previous appeal was dismissed in April 2005 and a High Court bid was refused months later.
Judges believe now that serious questions have been raised about the fairness of his trial, and the reliability of evidence given by police.
Central to the prosecution case at trial was whether there was one or two offenders, and they relied on evidence from officers at the scene that Sen Const Miller's dying words indicated there was more than one offender.
In a statement used at trial, Senior Constable Glenn Pullin said, knowing he had been mortally wounded, Sen Const Miller told him "they were on foot".
But it was revealed last year Sen Const Pullin's statement from the trial had actually been made 10 months after the murders, and was passed off as another one he made four hours after the killings.
The judges said the officer also made false statements during Roberts' pre-trial committal hearing about the date of his second statement.
"It raises a serious issue as to the reliability of the evidence of what Senior Constable Miller actually said by way of dying declarations," they said.
The fairness of Roberts' trial is also in question.
Officers Silk and Miller were investigating a series of robberies at outer suburban restaurants and were patrolling potential targets just after midnight on August 16, 1998.
Roberts now admits he was involved in the robberies, but says he was with his girlfriend Nicole - Debs' daughter - when the murders happened.
He is serving a life sentence with a minimum of 35 years.
Australian Associated Press
