Herald Sun: Court protects probe witness [17jun05]
A KEY witness at the McGee royal commission in Adelaide would not have to answer questions that might incriminate him, the Full Court of the Supreme Court has ruled.
In a unanimous decision today the court determined that the powers of the royal commission did not remove any right Craig McGee had to refuse to answer questions if he felt those answers might incriminate him. Craig McGee is the brother of Eugene McGee, the lawyer who hit and killed a cyclist with his four-wheel-drive in November, 2003.

The commission is examining how police and prosecutors handled the case involving the prominent Adelaide lawyer and former police prosecutor.McGee was fined $3100 and disqualified from driving for 12 months after a jury found him guilty of driving without due care.

He pleaded guilty to failing to stop and render assistance but was acquitted of the more serious crime of causing death by dangerous driving. He also admitted to drinking wine before the crash at a lunch attended by his mother and his brother.

Following today’s ruling royal commissioner Greg James said he still expected Craig McGee to be called to give evidence. “I’m grateful for the full court defining the ambit of the Act and letting me known that privilege against self-incrimination can properly be claimed,” he said.

“It is not a matter for the commission to take issue with that fact, that’s the basis on which we work.” “It will be a matter for Mr (Craig) McGee as to whether he wishes to assert that privilege and to what extent he does.”

Craig McGee had gone to the Supreme Court to clarify his right to refuse to answer questions after previously asking to be excused from giving evidence altogether.