The Advertiser: Police slow to arrest McGee [11jun05]
LAWYERS acting for Eugene McGee offered to surrender him at the Holden Hill police station more than two hours before he was eventually arrested, the Kapunda Road Royal Commission has heard. Barrister David Edwardson and lawyer Matthew Selley both testified yesterday that the offer was made, but never taken up.

In his second day of cross-examination, Mr Edwardson told the commission the offer – which police dispute – was made by Mr Selley, who had been engaged as McGee’s lawyer, during the first telephone contact he had with accident investigator Sergeant Dan Hassell just after 9pm the night of the accident that killed cyclist Ian Humphrey. “I think the very first call to Mr Hassell was the call that we expected and indeed communicated with him to the effect of “where do you want us to take him, what do you want us to do with him?” Mr Edwardson said.

“My recollection is that at some stage Mr Selley informed me, from the various calls that had transpired, that there would be no interview until police returned from Kapunda.” Lawyer Rick Halliday, representing SA police, then put to Mr Edwardson that Sgt Hassell “doesn’t recall” any such suggestion being made to surrender McGee to a police station.

Mr Edwardson replied that he was “as confident as I can be” that Sgt Hassell’s recollection was “just wrong.” When Mr Selley later testified, he confirmed his telephone conversation with Sgt Hassell and said he offered to take McGee to Holden Hill police station after Sgt Hassell said he would “come to where we were”.

Mr Selley, who is not a friend of McGee’s, said he had wanted the interview to be done at a police station because he did not think it was “appropriate” Mr Edwardson’s house be used for that purpose. “I recognised that where and when Mr McGee presented to the police might later become a significant issue, in the event that he was charged and the matter proceeded to trial,” he said. Under cross-examination by commissioner Greg James, QC, Mr Selley said he thought the interview might not take place until the next morning.

He told Mr James at one stage Sgt Hassell had suggested to him if either he or McGee were “unavailable”, an interview could be conducted the next morning. Sgt Hassell is expected to be recalled to give further evidence at the commission next week. Meanwhile, lawyers for McGee’s brother sought a hearing in the Full Court of the Supreme Court to address issues of privilege.

They argued that when Craig McGee gives evidence to the royal commission, his testimony should receive legal privilege to ensure he cannot later be changed with a criminal offence.

Chief Justice John Doyle said there were a number of issues the Full Court would need to address, and scheduled a hearing for Wednesday morning.

Those issues, Chief Justice Doyle said, included which charges Mr McGee could face if he gives evidence, and whether questions will be asked in which a viable claim to privilege will be made.