McGee gave DNA only when warrant issued, commission told. 02/06/2005. ABC News Online
The Kapunda Road Royal Commission in South Australia has heard that lawyer Eugene McGee agreed to provide a DNA sample only after a warrant was issued for his arrest. McGee initially refused to provide a DNA swab on the night he was arrested for the hit-and-run in 2003, which killed cyclist Ian Humphrey. Police issued a warrant for McGee’s arrest in order to take a sample of his DNA and also issued a charge against him over his original refusal to provide a sample.

Three months after the hit-and-run, prosecutor Teresa Anderson received a phone-call from McGee’s lawyer advising he would agree to provide DNA. Ms Anderson told the Commission she believed she was right to withdraw the charges because there was widespread misunderstanding over laws about the taking of DNA. However, Ms Anderson later received a letter from Police Commissioner Mal Hyde, who wrote that he believed the circumstances surrounding McGee’s refusal would have been better dealt with in a court of law.