The Advertiser: Royal commission summonses police [17jun05] By Lauren Ahwan SOUTH Australia’s chief prosecutor and police commissioner have been summonsed to give evidence to the McGee royal commission amid concerns the inquiry has been misled. Commissioner Greg James today ordered SA Police Commissioner Mal Hyde and Director of Public Prosecutions (DPP) Stephen Pallaras to reveal details of a directive not to arrest people accused of sexual assault or involved in major road accidents.

The summons follow revelations by former DPP Paul Rofe that police were directed to report anyone accused of sexual assault or involved in major crashes rather than arrest them. Effectively, the directive means those people are not taken into custody.

Commissioner James said he was concerned the directive was revealed in a telephone call last night, more than a month after the royal commission into the handling of the case of hit-run lawyer Eugene McGee had started.

McGee was arrested more than six hours after he had been involved in a crash that killed a cyclist in 2003. The arresting officer told the commission he had not intended to arrest McGee until the following day, but he was told by his superior to “grow some balls” and arrest him that night.

Commissioner James said Mr Rofe had informed the commission the directive was made “because to arrest a suspect in such matters might create in the minds of the victims an expectation that some particular prosecution actions might follow”.

“If there was such a direction and if it was kept from the public it is a matter of the highest concern,” Commissioner James said. “I am not concerned for the moment to think of questions of punishment or anything of that sort. “I am concerned to make sure I can gather the necessary information.

“Everyone who might have any information as to the existence of such a direction that there should be reporting rather than arrest please come forward and give your information. “It’s a secondary question as to why it’s been withheld though it’s a question that may become very important indeed for the commission or indeed for other people.”

Among the issues the commission is investigating is whether the police investigation was undertaken appropriately, efficiently and expeditiously. Commissioner James hoped revelations of a directive would not delay the commission, which has already had its deadline to report extended a month to July 15.

The revelation is the second obstacle to the commission this week. Yesterday, lawyer Rick Halliday, who represents SA Police, said he could no longer represent two key police witnesses because conflicts in their evidence meant he was unable to properly cross-examine them.

The police officers must now find their own lawyers and their testimony to the commission has been postponed. Meanwhile, the SA Supreme Court today ruled another key witness, Craig McGee, will not have to answer commission questions that may incriminate him.

Craig McGee was drinking with his brother Eugene before the fatal crash.

He later drove Eugene McGee through the crash scene on their way to Adelaide.

The pair were stopped at a roadblock but did not identify themselves to police.

Commissioner James said he still expected Craig McGee to be called to give evidence.