404:
a nurse, declared the victim deceased and was credited for preserving the scene for police and preventing other witnesses from leaving before their arrival. There are also alleged anomalies concerning the behaviour of police in not breath testing McGee and the opportunity that major prosecution witness Tony Felice had to give evidence. Felice saw the accident in his mirror and his wife wrote the Pajero's plate number down as it continued down the road. At trial
Sergeant Hassell gave evidence that while he knew he had the power to test for alcohol, they were short staffed and under pressure so it was not something he had considered at the time.
506:
gaining "evidence of the blood-alcohol reading and sobriety of Eugene McGee". On 10 March 2006 the defense asked for a stay of proceedings and the case was adjourned to 9 November, after several further stays the defense asked for a permanent stay on 17 July 2007 arguing that the publicity would mean the brothers would be unable to gain a fair trial. The stay application was rejected on 14 February 2008, however, they could not stand trial until 2 February 2010 because their lawyer would be "unavailable" until that date. On 2 February, citing as a
579:. Humphrey's family claimed they had been denied justice and that McGee had never apologised to them face-to-face. McGee replied that an apology had been offered through his solicitor years before which had been rejected and it had not been repeated out of respect for the family's privacy. McGee stated: "Can I take this opportunity to extend my sympathy to the family for their loss. I'm sorry for what occurred and to apologise to them for my reaction to the accident."
505:
Charges of conspiring to pervert the course of justice and perverting the course of justice were laid against McGee and his brother Craig on 26 August 2005 over allegations they worked together to "frustrate, deflect or prevent" the police investigation into the hit and run in order to prevent police
395:
as a solicitor for one of the murderers. McGee admitted he had not sought psychiatric or psychological treatment for the condition until 18 February 2004 (80 days after the incident) and no evidence of his erratic or dangerous driving prior to the accident was given at trial. He was fined $ 2,250 and
378:
willing to prosecute McGee as he was very well known in the legal community and there were fears the case would never go to trial. The case eventually went to trial in May 2005 where McGee was acquitted of causing death by dangerous driving, but convicted of the lesser offences of driving without due
535:
and dangerous driving offences, which has caused anger in the community. Humphrey's widow Di
Gilcrist stated, "He is actually profiting from the experience and the stigma that the case has afforded him...It is a sad reflection of the criminal justice system that something so black and white could be
403:
4WD driving erratically at around 160 km/h (100 mph) approximately 1½ minutes before the accident (McGee's vehicle was actually green but television footage showed that at night, and under artificial lighting, it looked blue). Tony
Zisimou's car was the third to stop at the scene and John,
566:
said Rau could overturn the Board's ruling not to ban Mr McGee from practising and challenged him to release the Crown's legal advice. Senator
Xenophon told the media; "Show us the advice, otherwise his opinion and his decision not to act lacks credibility... Only by releasing the legal advice will
590:
amended the Legal
Practitioners Act 1981 (SA) to replace the existing categories of "unsatisfactory conduct" and "unprofessional conduct", with the categories of "unsatisfactory professional conduct" and "professional misconduct". The changes to the definitions were designed to prevent a repeat of
428:
Whether the principal witness, Mr Tony Felice, was given a proper opportunity to give evidence about his observations of Mr McGee's driving immediately before the collision generally and on the defence case that McGee was attempting to overtake Mr Felice from a position about 25 to 30 metres
457:
Proceedings commenced on 12 May 2005. Evidence was heard from lawyers involved in the trial, respected psychiatrists, police officers, witnesses and members of the McGee family. Members of the public also made submissions. Craig McGee exercised his right not to answer questions on the grounds of
547:
found McGee was not guilty of "infamous conduct" and ruled he could continue to practise. The
Conduct Board accepted that McGee was suffering from post-traumatic stress disorder and ruled that it could only consider his actions in the first few seconds after the crash and could not consider his
518:
immigrant to turn himself in as he had not been directed to do so by the immigration department, which McGee's lawyer claimed was "directly analogous" to the case of McGee. On 17 March, at a hearing that lasted less than a minute, District Court Judge Peter
Herriman acquitted the McGees of the
480:
and another "very senior" professor of psychiatry were asked to review the psychiatric evidence and both concluded the evidence was not credible. Tennant stated; "I’ve never been more personally outraged about what I personally see as being a, in the common lingo, a mistrial, a travesty of the
492:
Retraining of police. More extensive pretrial disclosure of expert evidence. Courts permitted to appoint independent experts. The law be changed to allow police to be able to forcibly enter premises for searches. The penalty for death by dangerous driving to be increased to the same level as
444:
Whether it would have served the interests of justice for the prosecution to present expert psychiatric or other evidence on the sentencing hearing to support its submission that the Court should reject the explanation given at trial for Mr McGee's failure to stop and give
582:
Following the
Attorney-General's refusal to release the legal advice supporting his decision not to overturn the Board's ruling, on 18 February 2012, Senator Xenophon made a plea for the public to contact their MPs demanding that Attorney-General Rau take action.
365:
Police speak to McGee who reads from a prepared statement. McGee is arrested and taken to the City
Watchhouse. Both Sergeant Hassell and Senior Constable Bell noted they could smell alcohol on McGee while he was in the police car.
324:
Matthew Selley phones
Sergeant Mills and states he is a solicitor representing Eugene McGee. Selley requests the "state of play" with regard to the collision. Mills asks for Selley's phone number so Sergeant Hassell can speak to
148:
Occupants of a car travelling through Kapunda notice a dark blue/green 4WD travelling in the same direction which began overtaking them in a dangerous manner on the right. A passenger thinks the driver may have been
100:, 39 kilometres (24 mi) north of Adelaide, to have lunch with his brother Craig and mother Marjorie. The tables order docket shows three bottles of white wine, a glass of port and a glass of beer are purchased.
189:
Benjamin & Irene Voroniansky who are driving in the opposite direction stop and call an ambulance. They estimate the speed of the Mitsubishi Pajero leaving the scene to be 90–100 km/h (56–62 mph).
496:
Commissioner James also produced a second closed (secret) report of recommendations for relevant agencies and ministers. It was the recommendations of this report that led to further charges being laid.
896:
180:
A car is ahead of McGee travelling in the same direction. The driver sees the impact in his rear view mirror. His wife notes the registration number of McGee's vehicle and telephones police.
562:
On 8 December 2011 Attorney-General John Rau closed the McGee case after Crown legal advice suggested the Conduct Board's decision could not be challenged. Opposition justice spokesman
656:
425:
or blood test and did not apply for orders that such tests be conducted under the Criminal Law (Forensic Procedures) Act in order to determine McGee's blood alcohol concentration.
877:
782:
261:
Police attend McGee's mother's house in Kapunda and speak to Craig McGee who informs police he has not spoken to or seen his brother and does not have his mobile phone number.
441:
If the answer to the preceding question is yes why that evidence was not presented. In particular, was there an adequate opportunity for rebuttal evidence to be presented.
763:
297:
Craig McGee drives his brother back to Adelaide via the Kapunda/Gawler road. They are stopped at a police roadblock set up to find McGee but do not identify themselves.
628:
536:
manipulated to absolve McGee of his lack of moral and ethical responsibility" Di Gilcrist subsequently complained to the legal board that McGee's actions amounted to
438:
Whether it would have served the interests of justice for the prosecution to lead, at trial, evidence in rebuttal of the psychiatric evidence presented by the defence.
407:
Groups supporting cyclists and victims of crime groups staged a number of protests against the decision of the court and the Government created the Royal Commission.
399:
However, there was controversy over this conviction and the alleged reluctance of prosecutors to present evidence from Tony and John Zisimou who saw McGee's blue
514:
in 1972, the case was again delayed until 17 March. The House of Lords had found that after failing to attend a meeting there was no statutory obligation for an
448:
If the answer to the preceding question is "yes", why that evidence was not presented. In particular, was there an adequate opportunity to present that evidence.
819:
744:
1005:
915:
519:
conspiracy charges finding that "There was no legal obligation then falling upon Eugene to surrender himself or upon either of them to assist police."
570:
On 6 February 2012, McGee apologised on national television for the 2003 hit and run when he appeared in a two-part television special on the case on
966:
708:
977:
571:
432:
Whether Mr Tony or Mr John Zisimou provided information to the police about the manner of McGee's driving prior to and following the collision.
725:
162:
driving erratically and swaying over the centre line at a speed of about 160 km/h (99 mph) in a 110 km/h (68 mph) zone.
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553:
532:
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Craig McGee phones McGee to inform him the police have been, are looking for him, and they know his car was involved in the accident.
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681:
470:
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care and failure to stop and render assistance following an accident. This was due to psychiatric evidence of McGee exhibiting
493:
manslaughter. Increased penalties for fleeing an accident. Attempting to disguise blood alcohol levels should be an offence.
123:
840:
315:
After being informed the car has been located, Police call at Marjorie McGee's house but find it locked up with no one home.
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was due to "horrific experiences" during McGee's former career as a police officer and in dealing with the evidence in the
660:
531:
as a practising solicitor. Websites advertising his practice list McGee as a defence lawyer for charges of drunk driving,
380:
30:
544:
587:
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Sergeant Mills phones McGee's wife Barbara who tells him she hasn't heard from McGee and doesn't know his whereabouts.
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684:
127:
353:
110:
97:
34:
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telephone calls to family, his legal adviser or his actions to avoid police. Following the ruling, Senator
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49:. The first hearing of the commission was on 12 May 2005 and the report was delivered on 15 July 2005.
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459:
46:
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Diana Gilchrist arrives at accident scene while searching for her overdue husband Ian Humphrey.
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Sergeant Hassell makes several phone calls to Selley to make arrangements to interview McGee.
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Police phone Selley who states McGee is willing to hand himself in the following morning.
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511:
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783:"Eugene McGee and Craig McGee found not guilty of conspiracy over Kapunda Rd hit-run"
567:
the Attorney-General show he has a genuine commitment to justice in the McGee case".
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515:
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A reporter arrives at Marjorie McGee's house in Kapunda and finds McGee's car there.
563:
463:
422:
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Why the decision was made not to call Mr Tony or Mr John Zisimou or both at trial.
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Initially, the Office of the Director of Public Prosecutions was unable to find a
484:
Proceedings concluded on 1 July 2005 with the final report submitted on 15 July.
528:
897:"Hit-run lawyer Eugene McGee makes TV apology to family of victim Ian Humphrey"
375:
591:
the Legal Practitioners Conduct Board's hearing that found McGee not guilty.
764:"Eugene McGee tries to stall SA District Court hit-run trial for third time"
507:
556:
421:
Why the investigating police did not ask or require McGee to submit to a
198:
McGee makes the first of three phone calls to his lawyer David Edwardson.
70:
66:
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said the outcome was a disgrace and the entire board should be sacked.
62:
58:
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was disqualified from holding a driver's licence for twelve months.
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Eugene and Craig McGee leave the hotel to take their mother home to
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Archive for the 'McGee Contempt of Court Case' newspaper articles
234:
Phones his brother Craig. Police attend the home of Eugene McGee.
77:
pm on 30 November 2003. McGee did not stop or render assistance.
388:
935:"Parliament Responds to McGee case on 10 Year Anniversary"
916:"Xenophon: Hit-run lawyer Eugene McGee must face tribunal"
383:
symptoms following the accident. Sandy McFarlane from the
33:
in 2005 to inquire into the circumstances surrounding the
41:
and the circumstances around the trial and conviction of
726:"Hit-run lawyer and brother fail in bid to stay charges"
629:"QC Malcolm Blue settles speeding case – and saves $ 31"
462:. McGee was represented by SA Bar Association president
709:
Hit-run lawyer and brother fail in bid to stay charges
139:
McGee leaves his mother's house to return to Adelaide.
559:
stated he would review the Conduct Board's decision.
352:Police phone Selley who gives them an address in
69:, when he was struck by driver Eugene McGee, an
73:barrister and former police prosecutor, at 5:05
820:"Victim's family wants Eugene McGee disbarred"
96:McGee arrives at the Wheatsheaf Hotel outside
841:"Legal board takes no action on Eugene McGee"
657:"Report of the Kapunda Road Royal Commission"
113:, 32 kilometres (20 mi) north of Gawler.
8:
939:News and Events from the Adelaide Law School
745:"Eugene McGree trial delayed until February"
699:Wheels of Justice accessed 28 September 2013
429:(82–98 ft) to the rear of Felice's car.
659:. Govt. of South Australia. Archived from
859:"Legal board's McGee ruling under review"
243:McGee makes six phone calls to relatives.
835:
833:
801:"McGees found not guilty of conspiracy"
762:Schriever, Jordanna (4 February 2010).
608:
606:
604:
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510:an immigration case before the British
818:Schriever, Jordanna (19 March 2010).
781:Schriever, Jordanna (18 March 2010).
7:
543:In April 2011, a hearing before the
914:Xenophon, Nick (18 February 2012).
618:Program transcript 13 February 2012
1006:South Australian royal commissions
171:Ian Humphrey is struck and killed.
14:
895:Hegarty, Adam (6 February 2012).
876:Martin, Sarah (9 December 2011).
724:Akerman, Pia (15 February 2008).
545:Legal Practitioners Conduct Board
16:South Australian royal commission
252:Craig McGee phones Eugene McGee.
122:Ian Humphrey leaves his home at
972:More questions about McGee case
878:"Hit-run lawyer toasts freedom"
527:McGee is still listed with the
976:Two-part documentary aired by
967:Announcement of the Commission
682:McGee brothers to face charges
356:where they can speak to McGee.
1:
743:Fewster, Sean (4 June 2009).
469:. Blue was later appointed a
381:Posttraumatic stress disorder
45:. The Royal Commissioner was
31:Government of South Australia
23:Kapunda Road Royal Commission
158:Antoni Zisimou sees a green
588:South Australian Parliament
225:Phones his mother Marjorie.
130:on the Kapunda/Gawler road.
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57:Ian Humphrey was riding a
216:Phones his brother Craig.
1011:Crime in South Australia
613:Road To Nowhere Part Two
207:Phones his wife Barbara.
538:professional misconduct
943:University of Adelaide
385:University of Adelaide
991:Part Two – Transcript
987:Part One – Transcript
586:In October 2013, the
985:on 6 February 2012,
423:breath analysis test
637:. 14 February 2009
460:self-incrimination
416:Terms of reference
481:justice system."
478:Sydney University
476:Chris Tennant of
160:Mitsubishi Pajero
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982:Australian Story
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847:. 11 April 2011.
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865:. 12 May 2011.
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661:the original
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43:Eugene McGee
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39:Ian Humphrey
38:
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529:Law Society
453:Proceedings
445:assistance.
387:stated the
237:5:50 – 6:46
133:4:30 – 4:50
116:3:40 – 4:00
35:hit and run
1000:Categories
641:30 January
595:References
376:prosecutor
53:Background
523:Aftermath
508:precedent
149:drinking.
37:death of
933:Kerrin.
845:ABC News
805:ABC News
667:13 March
557:John Rau
128:Freeling
81:Timeline
71:Adelaide
67:Adelaide
473:judge.
354:Norwood
111:Kapunda
63:Kapunda
59:bicycle
948:20 May
516:Indian
401:Pajero
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572:ABC's
370:Trial
359:11:30
346:10:10
337:10:05
90:12:30
950:2015
669:2011
643:2017
389:PTSD
325:him.
318:9:09
309:8:50
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21:The
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