The Australian: Hit-run lawyer raises doubts of fair inquiry [May 05, 2005] by Michelle Wiese Bockmann
A LAWYER who escaped with a fine after killing a cyclist in a hit-and-run accident has questioned whether a politically-charged inquiry into the affair would treat him fairly. Eugene McGee, whose case created community outrage in South Australia and prompted the Rann Government to call a royal commission into the police and prosecution handling of the matter, said yesterday he hoped the inquiry was “done properly”.

“I only hope for Mr Humphrey’s family’s sake and for my sake that it’s done properly,” McGee told The Australian in his first public comments since avoiding jail two weeks ago with a $3100 fine for the November 2003 death of Ian Humphrey. The former police prosecutor claimed in his defence that he was not in control of his actions due to psychological trauma associated with representing one of the Snowtown serial killers. McGee’s comments came as the Rann Government retreated from its blanket refusal to fund legal counsel for witnesses. Premier Mike Rann declared on Tuesday that his Government would not fund counsel or solicitors for any witnesses, including investigating police officers called before royal commissioner Gregory James QC, who may begin hearing evidence as early as next week.

But Mr Humphrey’s family, South Australian police and lawyers criticised that decision, which Mr Rann said was made to avoid a taxpayer-funded “expensive lawyers’ frolic”. Humphrey’s widow, Di Gilcrist, said she wanted “a voice” at the commission but her sense of “disempowerment” would be exacerbated unless the family had legal representation. Attorney-General Michael Atkinson yesterday said he would consider any request from the Humphrey family to pay for legal counsel. “But we regard it as most undesirable for taxpayers to be funding lawyers,” Mr Atkinson told parliament. The Government’s position contrasts sharply with the royal commission into the State Bank during the early 1990s, which cost more than $30million, with legal expenses covered for Labor government politicians grilled over the bank’s $3.5billion losses.

Mr Rann said on Tuesday he wanted the McGee royal commission to cost “much less” than $500,000 and report by June 20. Police Association of South Australia president Peter Alexander said he was surprised the Government did not follow the normal option of funding police officers appearing before any inquiry, and had asked Police Minister Kevin Foley to reconsider the decision. “I think that the Government has got that wrong,” Mr Alexander said. Law Society of South Australia president Alex Ward said he would ask Mr Atkinson to review the decision and provide legal representation. “People should be confident about giving evidence and if they need legal assistance to do that, they should be able to do that,” Mr Ward said. “If it is serious enough to have a royal commission … people should have legal assistance.” Opposition legal affairs spokesman Robert Lawson said refusing to fund legal counsel was “simply loading the dice against citizens” who would be made “mince-meat” under rigorous cross-examination.