No questions for hit-run brother By Lauren Ahwan
THE brother of convicted hit-run lawyer Eugene McGee today appeared before a royal commission but was released from the witness stand without being asked a single question. The SA Supreme Court last week ruled Craig McGee would not have to answer questions from the commission that may incriminate him. Craig McGee was drinking with his brother Eugene in the hours before the prominent criminal lawyer crashed and killed a cyclist in SA’s Barossa Valley.

Later Craig McGee drove his brother through the crash scene on their way to Adelaide. The pair were stopped at a roadblock but did not identify themselves to police. Craig McGee’s lawyer today told the commission his client would refuse to answer questions about what happened during the drive to Adelaide.

Eugene McGee’s lawyer said Craig McGee also could not give evidence about conversations Eugene McGee had with his lawyer, while Craig McGee was present, because they were privileged. Counsel assisting the commission, Grant Niemann, said that left nothing for him to ask Craig McGee, who was then released from the witness stand without saying a word.

The commission is investigating how police and prosecutors handled the case of Eugene McGee who was fined $3,100 after a jury earlier this year found him guilty of driving without due care. He was found not guilty of the more serious charge of causing death by dangerous driving.

Also today, the commission heard evidence an agreement to report rather than arrest those involved in major crashes existed as early as 1996. Effectively, the agreement means those people are not taken into police custody.

Eugene McGee was arrested more than six hours after the fatal crash occurred in November 2003. The arresting officer has told the commission he had not intended to arrest McGee until the following day but was told by his superior to “grow some balls” and arrest him that night. The commission is expected to finish hearing evidence by the end of the week.