The Advertiser: Police files provided for McGee inquiry [14may05] by Nigel Hunt
POLICE will provide the Kapunda Road Royal Commission with documents relating to their original investigation into Eugene McGee’s fatal hit-run accident and their current internal investigation into aspects of it early next week. The material has been formally requested by commissioner Greg James, QC, and will be crucial to at least three of the commissions’ nine terms of reference. The documents from the original investigation are likely to include the notes of the accident investigation officers involved and witness statements.

Material from the current internal investigation is likely to include statements taken from the police officers, new witness statements and reconstruction reports. The internal investigation was ordered by police Commissioner Mal Hyde after McGee’s trial was told he had not been breath-or blood-tested following the accident. The internal investigation is also examining statements made by brothers Tony and John Zisimou that evidence they allegedly gave investigating officers was not included in their statements or presented at McGee’s trial.

In the opening hearing on Thursday Mr James appeared to express concern that police had been conducting an internal investigation into their role in the McGee case. When taking submissions Mr James questioned SA police Assistant Commissioner Bryan Fahy on the police actions.
After Mr Fahy told the commission police had established a team of investigators to “assist with any issues that might arise”, Mr James asked if those investigators were already “interviewing witnesses and reconstructing scenes?”

When Mr Fahy advised him they had, Mr James pointedly asked: “Why?” “As part of the process regarding the issues that have been raised already to date in regard to the conduct. . . ” Mr Fahy replied, until he was interrupted by Mr James, asking why police had embarked on “doing that for themselves”?

Mr Fahy said the issues raised related to the conduct of police and it was normal practice to conduct an internal investigation in these circumstances. “So you are conducting an internal investigation into matters that are the subject of the terms of reference?” Mr James asked.
“We are conducting an internal investigation in regard to the conduct of police, not specifically in respect to the terms of reference itself; but there may be some blurring of that,” Mr Fahy replied. Mr James said he would not want the commission and those conducting the internal investigation to impede the proper conduct of either body.

Counsel assisting Grant Niemann advised Mr James that he had already had discussions with Superintendent Tony Harrison over that issue, which he said they would “endeavour to resolve and overcome”. Supt. Harrison, who is leading the four-officer team revealed by Mr Fahy, most recently headed the police taskforce that examined the unsubstantiated allegations made by former speaker Peter Lewis and his volunteer staff. Mr Fahy was one of 12 parties who made representations on the opening day of the royal commission, which was called in response to concerns raised about aspects of the investigation and trial of former police prosecutor-turned-criminal-lawyer Eugene McGee over a hit-run accident.

McGee was fined $3100 and disqualified from driving for 12 months after killing cyclist Ian Humphrey in November 2003. During his trial, McGee admitted he had been drinking wine at a lunch in the hours before the crash in the Barossa Valley. McGee, who did not stop at the scene and was arrested 6 1/2 hours after the fatal accident, was not breath or blood-tested. He was subsequently acquitted of causing death by dangerous driving, but found guilty of driving without due care. Others who have sought leave to appear during the six-week long inquiry include lawyers representing the Director of Public Prosecutions, the SA Bar Association, the SA Law Society, the Police Association of SA, lawyers acting for the Humphrey’s family and former magistrate Brian Deegan, who is representing the Zisimou brothers.