Court In The Middle
By Andrew Fraser
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SOURCES:

Police warned as accused threatens to shoot office
By Andrea Petrie
The Age
April 5, 2007

Fatal ambush of patrol car Prahran 311
By Andrea Petrie
The Age
April 5, 2007

Why I lied to protect the Walsh Street killers
By John Silvester
The Age
October 1, 2005

Dirty Dozen
By Paul Anderson
Published by Hardie Grant Books (2003)

Connections in crime
Herald Sun
May 5, 2002

The bloody trail of violence that led to Walsh Street
By Tom Noble
The Age
May 3, 2002

Peirce tagged triggerman
By Mike Edmonds
Herald Sun
May 3, 2002

Victoria Police Corruption
By Raymond Hoser
First published by Kotabi Publications (1999)

Walsh Street
By Tom Noble
First published by John Kerr Ltd (1991)

The Walsh Street Police Shootings

On Wednesday October 12, 1988, Constables Steven Tynan, and Damian Eyre, were murdered in the early hours of the morning after answering a call to investigate a car abandoned in the middle of Walsh Street, South Yarra.

The police investigation that followed Walsh Street was the biggest ever conducted by the Victorian police force.

It was also the longest running - 895 days - and one of the most extraordinary cases in Australian criminal history.

The execution-style killings of the young officers was thought to have been a pay-back instigated by prominent members of the Melbourne Underworld.

Police believe members of a noted group of armed robbers and drug dealers had organised the murders after two of their own were shot by police.
To understand the Walsh Street killings is to understand the late 1980s, when bank robberies were rampant and police earned a reputation of shooting criminals dead.
One robbery gang was dubbed the Flemington crew.

Its members - according to Wendy Peirce (wife of Victor Peirce) - were her husband, Graeme Jensen (left), Jedd Houghton, Peter McEvoy and Paul Prideaux.

The members of a gang being were investigated over a string of armed robberies at the time.

Amid the rumour, myth and claims that surround the murder of the policemen is one certainty: the killers used the same pump-action shotgun fired in a bank robbery seven months earlier.

The shotgun blast that cut down Steven Tynan and maimed Damian Eyre (left) - before he was shot twice in the head with his own revolver - came from the same weapon used in an attempt to blast open a door at the State Bank in Oak Park in early 1988.

The gang suspected of the Oak Park job had robbed at least four banks.

At Oak Park, the robbery went wrong from the start when security screens were activated, separating the robbers from the money.

Several shotgun blasts failed to open a security door and the robbers fled, leaving three shells.

Armed robbery squad detectives failed to get any leads.

They filed details of the robberies in a box marked "The Flemington crew", as raids by other gangs drew their focus.

It was the single forensic link in a case that relied on dubious confessions and tainted witnesses, plus a strong belief among investigators that they were on the right track.

In June 1987, career criminal Frank Valastro was shot dead by detectives.

He was close to the Flemington crew.

Valastro's death allegedly started a pact among criminals to kill two police for every criminal gunned down.

It is believed by many that this threat was carried out at Walsh Street just over a year later.

Many also suggested that the Walsh Street murders were a “payback” by the Melbourne underworld for the killing of Graeme Jensen 13 hours before the constables were shot.

The Coles crime scene

In July 1988, four months after the Oak Park incident, security guard, Dominic Hefti, was killed at a Coles supermarket in Brunswick in an exchange of fire. 

The wounded bandit escaped with $33,000.

Graeme Jensen had been under police surveillance after the Brunswick robbery and shooting.

DNA tests later proved that career criminal Santo Mercuri was the wounded bandit.

Mercuri was later convicted of the robbery which was also said to have involved members of the Moran crime family and Victor Peirce.

On October 1, 1988, Hai Foong Yap was shot by constable Steven Tynan in a TAB hold-up in Myrtle Street, South Yarra.

Yap ended up a paraplegic and, according to some reports, committed suicide whilst in jail.

Only a few days after the TAB shooting, Steve Tynan was back on the beat.

Acting on the tip-off, detectives believed that Peirce, Jensen and Houghton were planning a big robbery.

When the informant said the job had been called off, detectives decided to arrest Peirce and Jensen - to ask Peirce about the Coles job and other raids, and to determine if Jensen might have been the wounded bandit.

The first arrest, by any assessment, went badly wrong.

Detectives tried to grab Jensen at a Narre Warren hardware store but by the time they moved he was in his car.

Jensen was shot dead as he drove off.

Police said Jensen had a gun, which turned out to be a non-functioning sawn-off rifle, an odd weapon for an experienced criminal.

Police later alleged that Peirce (left) and McEvoy wept when they heard of Graeme Jensen's death and vowed that "two police will die tonight".

Jensen was a good friend of Peirce, a member of the feared Pettingill clan.

Peirce was said to be ropable on hearing of Jensen's demise.

Thirteen hours after Graeme Jensen's death, a Walsh Street resident reported to police that a white Holden Commodore was apparently abandoned in the street, the driver's door open and the rear passenger-side vent window smashed.

At 4.34am, a police operator assigned the job to a patrol car using the call sign Prahran 311 and the divisional van was called to its ninth job of the evening.

The driver, Steven Tynan, 22, had been a policeman for two years and nine months.

His partner, Damian Eyre, 20, was from a police family and had been in the job for six months after graduating from the academy on April 27, 1988.

It took seven minutes for the pair to reach the sedan. Tynan parked the divisional van behind the Holden. Both vehicles were facing north. Eyre got out of the van and walked to the car.

He glanced at the registration sticker on the front window and jotted down the number and expiry date on a sheet of paper on his clipboard.

At the same time his partner went to the open driver's door and slipped behind the wheel.

Eyre then walked around the car and squatted next to Tynan, who was still in the car. They would have seen that the ignition lock was broken, ensuring the car could be started without a key.

Tynan was getting out of the car when the shotgun blast hit him. The force threw him back into the car, where he collapsed with his head between the front bucket seats. It was 4.48am.

Eyre began to rise when he was shot across his back in the upper left shoulder, also with the shotgun. It should have been enough to stop him dead, but Eyre somehow turned to face his attacker. He grabbed the gunman and tried to fight for his life. Police believe the shotgun discharged twice more, one blast hitting the wall of a Walsh Street house.

Even though he was seriously wounded, Eyre continued to fight until a second man grabbed the policeman's .38 service revolver from its holster and shot him in the head.

Eyre collapsed and was shot again in the back as he lay next to the rear driver's side wheel of the stolen car. He was already dying when the second revolver bullet hit him.

Tynan and Eyre died in hospital from massive gunshot wounds without regaining consciousness.

In the weeks that followed, police conducted numerous and sometimes brutal raids.

Hundreds of houses across Melbourne were searched.

The Richmond home of Victor and Wendy Peirce was raided the afternoon following the shootings.

Tempers were, understandably running running hot among police involved in the initial raid and a shot was fired. 

The Peirce's house was demolished and the backyard dug up in a fruitless search for evidence.

It was said that the demolition job on the house during subsequent raids was so thorough that there would be no piece of building material that could not be held in the palms of two hands.

Wendy and her nephew, Jason Ryan, were taken for questioning along with his friend Anthony Farrell.

Victor apparently fled over a back fence.

As some police raided the Peirce home others searched the Brunswick flat of Vicki Brooks. 

She was Victor's half-sister. 

Victor Pierce gave himself up to police the following day and was charged with the July 11 Brunswick armed hold-up.

These charges were dropped but Victor was charged with the Tynan / Eyre murders and spent the next thirty months in custody.

Ryan started to fear for his life as he believed that police had made it known that he had given them information regarding the Hefti robbery.

It was then that he hinted to police that he was willing to give them information about Walsh Street.

He gave a statement, the first of many, on October 21 and Jedd Houghton, a family friend, was one of the first people he implicated.

Within two weeks of the killings, the Victorian government quietly passed legislation allowing phone-tapping by state police.

Previously, they had to work with federal police who had this power if they wanted to use their recordings as evidence.

Five months passed before the legislation was made public.

On October 24, 1988, police took Jason Ryan on a trip to the country (Bright, north-east Victoria).

Ty/Eyre Task Force head, Det John Noonan escorted Ryan to the small town and there the accusations against the four charged, as well as others involved, were born.

"There wasn't many barbeques, I can tell you that," Ryan later told journalist Paul Anderson of his trip, "they tried to put the wind up me."

"I told them bits and pieces and told them bullshit because I didn't trust them," Ryan says.

"They threatened to throw me back on the street and tell certain people that I said this and that. Because I had been gone for a certain amount of time (on the country trip), maybe people would have believed it. I was only seventeen and confused. I didn't know what was going on. In the end I got to meet John Noonan. He said to me, 'Listen, what you're telling us is bullshit. Some of it's true and some of it's not.' He said them other police were not having anymore dealings with me. It was just him and me from there on."

Ryan speaks highly of Noonan saying he slowly grew to trust him and eventually told him the truth.

"I was still hesitant and told him a couple of lies at first," Ryan claims.

"He kept coming back to me and saying, 'This just doesn't gel.' I got to trust him and eventually told him the truth."

Ryan gave Noonan up to half a dozen accounts of the events on the night of the double shooting, including re-enactments at the death scene.

Flemington armed robber Gary Abdallah became a suspect on the evidence of Jason Ryan put forward on October 27.

Ryan claimed that Abdallah's part in the killings was to provide and drive the getaway car. 

For two months Gary Abdallah eluded the police.

Raids were made on all known associates including his girlfriends family and the family of Jedd Houghton.

News filtered back that police intended to kill him if they got to him first.

Abdallah kept away from police until visiting Detective John Noonan (left) at St Kilda Rd Police HQ on February 22, 1989.

Abdallah had arranged a meeting with the task force head and his lawyer.

Abdallah's car, suspected of being used in the getaway, had been sold before the murders.

It was later obtained by police although their tests proved nothing.

Noonan told him that he was not wanted for the shooting, and Abdallah said that he hadn't come in earlier “because people were telling me I was going to be knocked [killed]”. 

Noonan sent Abdallah to Arson over a fire at a Northcote nightclub.

He was then bailed.

Although Noonan assured him of his presumed innocence, Abdallah was immediately trailed and kept under close surveillance for about six weeks.

On Sunday April 9, 1989 Abdallah allegedly pulled an imitation pistol on detectives Cliff Lockwood and Dermot Avon from City West CIB who had returned him to his Carlton flat.

Lockwood fired six shots from his gun and then let off another one from his partners weapon.

Abdallah was critically wounded and died after 40 days in a coma from complications which had arisen from a bullet wound to the back of the head.

Ryan gave crucial, but ever changing evidence in the Walsh Street trials.

He was placed under witness protection.

Noonan told Paul Anderson, a journalist with the Herald Sun, he understood Ryan's reasons for telling several different versions before he settled on his final statement. 

"By telling five or six stories meant he was a liar at first, but you have to understand he didn't trust police," Noonan said.

"He trusted the police no more than he trusted his family and their criminal associates. Police used to actively assist Dennis in his activities and Jason was privy to that. He was worried his information would get back to the family and there were times when he gave us false information purely and simply to see what was going to happen to it." 

In earlier versions Ryan even placed himself in Walsh Street, saying he broke into the Commodore which was used as 'bait'.

Having admitted to aiding and abetting in the shootings, he was the first to be charged over the murders.

Ryan arrived back in Melbourne after his four-day trip, and gave a litany of lies and false interviews to Det Noonan.

On the last day of October - Melbourne Cup Day eve - a Supreme Court judge acting after hours bailed him into the care of his police minders.

On the same day Ryan gave a statement implicating friend Anthony Farrell and another friend, Emmanuel Alexandris, in the killings.

Anthony Leigh Farrell, 21, of Albert Park, was charged with murder the following day.

Ryan would implicate five men he claimed set off with shotguns for Walsh Street in the early morning of October 12.

He listed the party of killers as being Jedd Houghton, Victor George Peirce, 31, Peter David McEvoy, 34, of Elsternwick and Trevor Pettingill of Richmond as well as Farrell.

"On Melbourne Cup Day I rang me mum and she said, 'Look, the coppers have just been here and taken some of your clothes," Farrell later said.

"I had newspaper clippings over Graeme (Jensen) and they took them too.

I rang St Kilda Road and Noonan got on the phone and I asked, 'What's going on?'

He said, 'We want to see you again and show you some photographs.'"

The two met on neutral ground in Clarendon street, South Melbourne.

Farrell said Noonan told him it would not look good being seen speaking openly with police, so he hopped into the detective's unmarked car.

Instead of showing him photos, Noonan drove Farrell back to the Homicide office.

Farrell he said the TyEyre taskforce detectives were bluffing him as, after interviewing him, they drove him to the watchhouse where he would be charged and remanded in custody.

Farrell sat in jail on remand for two and a half years before he came to trial.

Detectives saw Farrell, 20 at the time of his arrest, as the weak link in the chain.

If they could break him and get a confession, they believed they would be well on their way to exacting justice.

By November 1988, at least a dozen people were under 24-hour surveillance.

All of the murder suspects had long histories of criminal activity.

Two weeks after Farrell was arrested, Jedd Houghton was killed by police.

On November 17, 1988, Houghton, then 23, was shot dead by two members of the Special Operations Group at a Bendigo caravan park.

Police wanted to arrest him for questioning and knowing they were searching for him, Houghton had been hiding out in a cabin with his girlfriend.

Farrell later gave his version of the events of the night of the Walsh Street shootings to Paul Anderson.

"We were at a pub in Carlton and ended up back at Jason's that night," Farrell claimed.

"Jason stayed there. His mum was there. I can't remember seeing if McEvoy was there or not but I do remember seeing him there that night. At the end of the night me and (mate) Manny Alexandris were downstairs in the lounge room. I fell asleep on one end of the couch and he fell asleep on the other."

(Alexandris, falsely implicated by Ryan early on, would not prove a reliable witness.)

Peter McEvoy (left) was arrested but not charged until a later date when he was put on trial

McEvoy was no stranger to police.

He was facing armed robbery charges at the time of the Walsh Street shootings.

The charges involved a hold-up at the National Bank in East Bentleigh in August 1988 - two months before Walsh Street.

He was sentenced to seven years jail with a minimum of five when his case finally came to court in 1992.

At the height of the investigations into the killings, hundreds of police were working for the Ty-Eyre task force.

On many police station notice boards was a cartoon.

It showed a policeman face down being kicked by a group of so-called enemies, including the government, media and judges.

One of the figures was labelled "Victor Peirce."

The Victorian Police Bureau of Criminal Intelligence even dropped a long-term investigation into cocaine importing to assist.

The Drug Squad and the National Crime Authority in Victoria also assisted.

Jason Ryan implicated his uncle Trevor Pettingill near the end of 1988 - about eighteen months before he would be eventually charged.

A couple of weeks after being implicated, Pettingill was kidnapped by a gang of masked men who told him to "tell the police the truth about Walsh Street".

His attackers stabbed him in the back and buttocks and sledge hammered his knees, hands and ankles. The Clan claimed the assailants were police, a claim investigated by the Internal Investigations Department and never substantiated.

The masked gang claimed they were fellow criminals wanting an end to the TyEyre investigation, as "the jacks" were cracking down hard on the underworld in an effort to gather evidence. More than a hundred police raids had turned the criminal world upside-down.

As Ryan worked towards his final statement, he agreed to testify and the charges against him were dropped.

He was granted indemnity from any further prosecution.

Wendy Peirce, among others, also agreed to act as a prosecution witness.

It appeared Ryan would not have to stand alone against his family and friends.

Victor Peirce, McEvoy and Farrell faced a committal hearing starting on October 31, 1989, during which Ryan, Wendy Peirce (Victor's wife - left) and several others gave their evidence.

Wendy's evidence included statements alleging Victor's anger after Jensen's shooting and his pledge to "knock the jacks".

She said her family booked into a motel hours before the murders and told how Victor left on the night of October 11, 1988, and returned early the next morning saying he and others had killed two policemen.

In a series of video interviews in 1989 that detailed a decade of crime, including several murders by her brother-in-law Dennis Allen, Wendy Peirce had examined bank security pictures and identified those in them.

Wendy said she recognised her husband, Jensen, Houghton and McEvoy by their clothes, shoes, features, and stance.

She informed police that her husband told her when he was planning a robbery; she knew when he was conducting surveillance on targets and that she knew when he completed a job because he came home with money.

Wendy gave much evidence at the committal hearing but days before the 1991 trial of the four men, she decided not to testify against Peirce, blowing a substantial hole in the prosecution case.

She withdrew a statement that on the night of the police killings Victor had told her, "I'm going to get the Jacks (police) that knocked Graeme (Jensen).

She was later sentenced to 18 months' jail with a minimum of nine months for perjury.

Ryan stuck to his guns and placed his implicated five at the flat in Gordon Grove, off Walsh Street in South Yarra, referred to otherwise as murder headquarters.

He detailed the alleged conversations and motives. The court was told the murders were revenge killings - a two-cops-for-one-crook kill bid as payback for Jensen.

The defence lawyers laid assault on Ryan's credibility. David Ross, QC, for Farrell, painted the picture of Ryan's upbringing to question his honesty and veracity of his evidence.

During cross-examination ,Ryan denied he had been a "messenger" for his Uncle Dennis (Allen) but agreed he knew of several murders his uncle had committed.

Ross put to Ryan that he handed Dennis a loaded pistol that was then "emptied into the head of Wayne Stanhope". Ryan refused to answer the question for fear of incriminating himself. Ross the alleged that on Dennis Allen's birthday in 1985 the drug kingpin killed Anton Kenny.

In his final submission, Ross described Ryan as a cunning "little street-wise urchin". "The lies he tells about Anthony Farrell and others are indiscriminate and without reason," he told the court. "We (the entire defence panel) suggest to your worship that you have never come such a lying person as Jason Ryan."

After hearing the prosecution case, ending on February 22, 1990, Magistrate Hugh Adams deemed there was insufficient evidence for the three to stand trial.

Adams said there was "no doubt" in his mind that Jedd Houghton played an "active part" in the slayings. He also said there was insufficient evidence for him to direct Trevor Pettingill be charged, and suggested the Director of Public Prosecutions may wish to "address his mind to the matter".

All three defendants maintained their "not guilty" pleas. Peirce's alibi had him with wife Wendy and their children at the Tullamarine motel.

McEvoy claimed he was sleeping in his room at Ryan's mother's Brunswick flat.

Farrell maintained he was in a drug-induced sleep on the couch at the very same flat.

On the order of the Office of the Director of Public Prosecutions, Pettingill was charged in July 1990.

Without a proper committal hearing, he was presented to the Supreme Court to stand trial with the three others. His plea was also "not guilty", his alibi being that he was in a sedative-induced sleep at the time of the shootings.

Weeks before the trial, during a voire dire, Wendy, reunited with her husband - a man who once shot bullets at her feet and broke a finger as a punishment - recanted and turned hostile witness.

She claimed investigators, or "gangsters with badges" as she called them, had forced her to tell lies about her husband's involvement.

That despite her having told the Magistrates' Court: "Rumours that I am being hypnotised, tortured and bashed are not true. I am here of my own free will."

At trial in 1991, under the watchful eye of Justice Frank Vincent, Jason Ryan was left to bear the weight of the prosecution case on his shoulders.

He was now the Crown's star soloist. Nervous and intimidated, Ryan gave detailed evidence against the accused just as he had at his committal.

He told of the gathering at the Gordon Grove flat and how the five had argued over the shotguns before heading out. He said he stayed behind to guard the flat while the others set up a car as bait and shot the constables.

He said he heard shots before one of the accused returned with blood on his tracksuit pants. Ryan also said he was told that if he said anything about that fateful night he would share the same fate as the shot policemen.

The defence lawyers hammered Ryan's credibility during cross-examination. If his testimony proved doubtful, the jury would have a difficult task settling on a guilty verdict.

Ian Hayden, for Farrell, described Ryan as a burglar, liar, thief and cheat. Geoff Flatman, for Peirce, played the jury several of Ryan's re-enactments in which the young Crown witness continually changed his story. "He ingenious at picking up snippets of information and using them," Flatman told the jury. "It's kids playing silly games. He's playing God." Chris Dane, QC, for Pettingill, said Ryan has "verballed" his client and he asked the jury to do with the evidence "what the jury in the Birmingham Six case should have done with the verbal confessions presented to them - treated t with the contempt it deserves".

Bob Vernon, for McEvoy, told the jury they were being asked to convict his client on "tainted, suspect and manipulated testimony" given by "court-room rehearsed witnesses, harassed and frightened witnesses and self-confessed liars".

"There are witnesses who have changed tack more times than a yacht in a twelve-metre yacht race," Vernon said.

"These witnesses have poisoned the well of justice. They said Adolf Hitler was the difficult son of a difficult mother, and one can but wonder if Jason Ryan is not the difficult son of a difficult mother."

Crown prosecutor James Morrisey, QC, conceded Ryan had a black background. "You are not going to get the Archbishop of Canterbury or Mother Teresa from within the group," he said.

Forensic evidence linking the four accused to the murder scene was next to nothing. Circumstantial evidence had linked the main murder weapon - the Japanese-made KTG shotgun - to an armed robbery crew allegedly including Houghton and Jensen. It is believed the bandit crew had used the gun during a series of hold-ups before the police murders.

The prosecution believed six people were involved in the ambush (including Jason Ryan and Jedd Houghton). 

But only two were needed to complete the killings and only two people were seen.

After more than six weeks at trial and six days of deliberation, the all male jury came back on March 26, 1991 and acquitted Farrell, Peirce, McEvoy and Pettingill.

Kath Pettingill was ecstatic.

Detectives who had sacrificed all investigation the case were shattered.

"The Walsh Street four have been acquitted. All units stay under control," was the D-24 broadcast to all police cars on the road.

Peirce claimed after his acquittal that he was afraid of police retribution. "We'll be killed, we'll be killed," he and co-accused Peter McEvoy shouted as they were taken into remand on other charges after the jury's verdict.

Above: Victor Peirce was carried into the court by detectives several times during the trial

Victor issued a statement in which he professed his innocence and asked" to be left alone to work and prove to the community I am not as bad as police and the press has made me out to be".

But it was never going to be as simple as that.

After his acquittal Victor received jail sentences for involvement with his brother Peter in a prison drug cartel, for petty theft and drug trafficking.

While he was in prison Victor's mother, Kathy Pettingill told Adrian Tame: "I know nothing will stop the police. They will shoot Victor and they will shoot Trevor. They're in the only safe place they can be, in jail."

Noonan said the result was one of disbelief and total disappointment.

He added that the jury had found the accused not guilty but had not found them innocent.

The acquitted immediately called for a Royal Commission into the investigation. Noonan welcomed the call, saying it would vindicate the police decision to charge them by revealing evidence inadmissible at trial.

When Paul Anderson spoke to Farrell in 1998, Farrell said the acquittal was the happiest day of his life. He said he still held fears for his safety having been branded forever by the police murder charges.

Peter McEvoy was later sentenced to seven years for armed robbery.

After his release he lived in northern Victoria before moving to New South Wales.

Victor Peirce spent several years in jail for drug trafficking and upon his release worked for Italian fruit marker identity Frank Benvenuto.

Benvenuto was murdered in 2000.

Peirce was shot dead in an execution-style killing in Bay Street, Port Melbourne on May 1, 2002.

His murder, during Melbourne's gangland war, remains unsolved but police belive slain hitman Andrew 'Benji' Veniamin to have been responsible for the deaths of both Benvenuto and Peirce.

Anthony Farrell, a heroin addict, has maintained he tried to leave his past behind and get on with a life not involving crime.

But he has been jailed twice for drug offences since the Walsh Street trial.

Jason Ryan remained under witness protection and moved interstate.

He has also had an on-going battle with heroin addiction and has been arrested and jailed several times.

Trevor Pettingill moved away from Melbourne to the family hideaway at Venus Bay after the acquittal.

Later that year he appeared in Heidelberg Magistrates' Court charged with aggravated burglary, theft and carrying a weapon.

The burglary, theft and weapons charges were adjourned along with dangerous and unlicensed driving charges to give Trevor a chance to beat his heroin addiction at Odyssey House.

In 1993, Pettingill was again in court, once on a charge of growing marijuana and, while on bail on that charge, with his mother and 10 others to face further drug charges.

Trevor was sentenced to a minimum 45 months jail when the case came to trial and the court was told of his 32 previous convictions.

In 2001 he was in court again charged with street offences after trying to help a man bailed up by railway inspectors.

He told a suspected fare-evader at North Melbourne station that all you had to do to do to ticket inspectors was "whack them one and walk away."

The magistrate fined Pettingill $500 and described him as a "devotee of democratic justice."

On October 1, 2005, The Age published a story in which Wendy Peirce said she lied to save her husband from a life in prison.

Wendy admitted that Victor Peirce was guilty as charged — 17 years after the murders.

She said the murders were carried out as as a payback after detectives killed Peirce's best friend, Graeme Jensen.

Mrs Peirce said her husband showed no remorse over the police killings.

"He just said, 'They deserved their whack. It could have been me.'

"It (Walsh Street) was spur of the moment, we were on the run. Victor was the organiser," Mrs Peirce told The Age.

She said she was staying in a Tullamarine motel with Peirce but he left during the night to join members of his gang to set up the Walsh Street murders.

Mrs Peirce named the shooters as Jedd Houghton and Peter McEvoy.

She also said the car abandoned in Walsh Street was stolen by Gary Abdallah.

Mrs Peirce said her husband always believed police would never prove he led the ambush team. "He covered his tracks and he didn't think he'd get pinched," she said.

Mrs Peirce claims she was never going to give evidence and planned to sabotage the police case from within by failing to testify.

But senior police say she changed her mind because the court process took too long, she didn't like witness protection and Peirce and his family persuaded her to return to them.

Inspector John Noonan, said he had no doubt that if Wendy Peirce had given truthful evidence the four accused men would have been convicted.

Mrs Peirce said she had finally decided to tell the truth because she wanted to sever all ties with the underworld.

"I don't want my children connected to the criminal world," she said.

"I loved Victor, but now that he is gone I feel I have been freed. Now every time I hear a car door slam I don't have to worry that it is the police about to raid us. I think of all the murders and feel so sorry for their families. No one deserves this."

On April 5, 2007, the Age reported that Peter McEvoy had threatened to come to Melbourne and shoot the first police officer he sees before turning the gun on himself.

Police who know him say his threat should be taken very seriously.

McEvoy, 51, now living in NSW, has made no secret of his hatred of police, particularly those who worked on the Ty-Eyre Taskforce investigating the murders.

Victoria Police warned staff that McEvoy had telephoned the St Kilda Road police complex on March 29 and expressed his "issues" with several officers. He named six officers, former and serving, who he was unhappy with, and claimed there was a conspiracy in the force to get him.

The email alert said that McEvoy "threatened to 'get a gun, come down to Melbourne, find someone with a badge and top him, then top himself' ".

The email said McEvoy had said he was on medication and could not control his actions.

Retired policeman John Noonan, who headed the Ty-Eyre Taskforce and who appears on McEvoy's hate-list, said that the threat should be taken seriously. "He's violent, probably armed, has done numerous armed robberies and we've alleged that he's certainly implicated in the murder of the two (police) members and he's got the propensity to do exactly what he says he's going to do," he said.

Mr Noonan was concerned that a warning had not been issued sooner. "(McEvoy) called on March 29 and after I was told (about it) by chance … I made some inquiries only to be told nothing was happening about it at all," he said.

"The police who took the call from him actually rang McEvoy back and confirmed who he was and then apparently were going to send something to NSW police to follow it up but didn't."

Mr Noonan said he was shocked to later find that the threats had been deemed "minimum to no risk".

"The people investigating the threats … believed McEvoy's poor health precluded him from being able to carry out the threats," he said.

Mr Noonan said more disturbing was the fact that officers investigating the threats had not checked McEvoy's criminal past.

He said that investigators were not aware that McEvoy had allegedly been involved in police murders, armed robberies, serious assaults and other serious crimes. "That's a huge worry." Victor Peirce, his half-brother Trevor Pettingill and Anthony Farrell were also charged and acquitted of Tynan and Eyre's murders.

A Victoria Police spokeswoman said that the force took all threats seriously, whether they were made against police or not.

"Precautions are put in place that may not be evident to people not involved in the investigative group," she said.

Police Association secretary Paul Mullett described McEvoy's threat as "an example of where our members are potentially put in a dangerous situation while carrying out their jobs".

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