April 30: The Advertiser: Off-court battle: McGee lawyer tackles Premier [30apr05]

The Advertiser: Off-court battle: McGee lawyer tackles Premier
THE State Government should step back from the Eugene McGee case and stop trying to “undermine” the judicial process, McGee’s lawyer said yesterday. “It really does little to advance the cause of justice when those in high office endeavour to erode the very fabric of our criminal justice system,” Grant Algie said. “It might be better if those who enjoy high political office concentrated their attention to hospital beds, care for the aged (and) reducing electricity bills, rather than endeavour to undermine our system of criminal justice.”

Mr Algie’s attack came just hours before the Government announced it would commission an independent judicial inquiry into the handling of the case. Premier Mike Rann, announcing the inquiry, said: “The questions surrounding this case cannot go unanswered or unchallenged.” McGee walked from the District Court on Thursday with a $3100 fine and a 12-month driver’s licence suspension, having admitted he did not stop to help cyclist Ian Humphrey, who died after being hit by the prominent lawyer’s four-wheel drive. Mr Algie said the way the McGee trial was conducted was “impeccably fair to both parties”. He said “serious questions should be asked as to the reasons for and motivations behind any such inquiry”.

“Perhaps a time has come when we should let the juries do the judging, where we should let the judges do the sentencing, because it is the juries and the judges who actually take the time to listen to the evidence,” he said. “Unfortunately, it is the juries and the judges who are not seeking re-election to some political seat.” Earlier in the day, Mr Algie said on ABC radio: “Is it not of concern that we have a Premier of this state mocking the findings of the chief judge . . . (and) calling my client a coward, nothing but contempt for him.”

Premier Mike Rann dismissed Mr Algie’s criticisms, saying: “I do not care less what Mr Algie says. My job is to speak out on issues of concern to the people of SA. I’m not interested in what some mullet-headed lawyer has to say.” Mr Rann said the Government was seeking an eminent judge or retired judge from another state to head the inquiry. Criminal defence lawyer Simon Slade, of Lipson Chambers in Port Adelaide, criticised Mr Rann’s intervention in the case. “For a Premier to behave in this way amounts to an attack on the jury’s verdict,” Mr Slade said.

“This seems strange coming from a Government that was keen on involving juries in the sentencing process, yet seems to have a knee-jerk reaction to this jury’s verdict.” The Opposition supported the independent inquiry, with Liberal leader Rob Kerin saying “the justice system here has taken a battering in recent times”, while the Democrats said the Government should establish an anti-corruption commission to investigate the case.

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