This is despite his own diary notes and evidence from other police that he took an altered statement from Glenn Pullin, one of the officers first on scene to the 1998 murders of Sergeant Gary Silk and Senior Constable Rodney Miller. A frustrated Commissioner Robert Redlich told Mr Buchhorn he was the only witness who refused to make concessions when they were presented with evidence. “I'm not clinging to a theory. I've given you, you know, the best recollections that I have based on the material that I have at my disposal.” Mr Buchhorn said. "Let's be clear about that. You don't have any recollection,” Mr Redlich replied, shaking his head. “You’ve made that very clear, Mr Buchhorn.”

Mr Bucchorn’s former boss, Charlie Bezzina, admitted he had signed the second statement, which had been back-dated despite the changes made to it. More details about Senior Constable Rodney Miller’s dying declaration that there were two offenders, not one, were added to the second statement for the prosecution of Bandali Debs and Jason Roberts. Rodney Miller. The first statement disappeared and it wasn’t disclosed to the defence for the convicted men until a former officer blew the whistle in 2015. The policeman was working at the old St Kilda Road police complex at the time of the murders and was given a number of operational documents, including the statements, and kept them. "It's only by good fortunate that, because he wasn't part of the Lorimer taskforce, he kept possession of that statement of Mr Pullin. Were it not for that, we would never have had hard evidence that Mr Pullin had made that statement," Mr Redlich said.

In his evidence on Friday, Mr Buchhorn said Mr Bezzina’s recollection was wrong and questioned whether two statements were even made. He said he could only imagine speaking to Mr Pullin about crime scene evidence, not asking him to make another statement. Mr Bezzina, who was part of the initial investigation team responding to the murders, told the commission he was working on the assumption there was one offender on the night. Mr Buchhorn maintained there were two offenders, saying the police radio call that night said as much. Jack Rush QC, the counsel assisting, asked him if he doubted Mr Bezzina’s evidence.

"Are you doubting his oath or doubting his word?" Mr Rush asked. "Yes," Mr Buchhorn replied. "You're making it up as you go along, I suggest, Mr Buchhorn?" Mr Rush said. "Is that a question?" Mr Buchhorn replied. Mr Buchhorn conceded his practice at the time was to replace original statements with new ones.