The Advertiser: Officer’s calls to McGees `most unwise’ [24jun05] By NIGEL HUNT
THE actions of a senior police officer who rang lawyer Eugene McGee and his wife Barbara after McGee fled the accident that killed cyclist Ian Humphrey, were described yesterday as “unfortunate” in the Kapunda Road Royal Commission. While accident reconstructionist Sergeant Brian Mills did not talk to McGee after calling his mobile telephone, he did have a detailed, four-minute conversation with Barbara McGee about the accident.

The commission heard that Sgt Mills had both telephone numbers stored in his personal organiser and made the calls at 7.23pm and 7.24pm respectively – but he failed to tell other police or record them on an operations log on the night. This was despite declaring to accident investigator Sergeant Dan Hassell at the accident scene that he might have a conflict working on the case because he knew the McGee family and had done electrical work for them. In an at-times heated examination, Commissioner Greg James, QC, repeatedly asked Sgt Mills why he did not tell Sgt Hassell about the calls and that he could contact McGee.

“Were you aware that police were out and about looking for this man over a large portion of the countryside?” Mr James asked Sgt Mills. “Indeed, as an investigator you would have been appalled if somebody had not put some steps in train to try and find an absconding lawyer after a killing that was done with a car or otherwise. So you decided on a foray of your own to find him, correct?”

Sgt Mills told Mr James his only motive for making the calls was to assist the investigation. “My motive for attempting to contact Eugene McGee was to have him make contact with police. . . to further the investigation,” he said. He said after unsuccessfully trying to speak with McGee, he then rang Barbara McGee and informed her of the circumstances of the accident.

“I didn’t think I was giving anything away that would impede the investigations,” he said. Mr James said he regarded Sgt’s Mills’ actions as “unfortunate” in that he did not “give notice or record them” on the night. He said they may have been a “well meaning” attempt to assist the investigation and those he knew, but the way he did it was “most unwise”.

Prior to Sgt Mills giving evidence, Sgt Hassell said he did not believe there was anything “untoward” in Sgt Mills’s actions. In earlier evidence, Sgt Hassell confirmed he had written on the city watchhouse charge sheet that although he smelled alcohol on McGee, he was not visibly impaired. Asked by Mr James if McGee appeared normal, Sgt Hassell said he had a “ruddy face, which is one of the things that you’d record with a drink driver”.

Mr James then asked if he had noticed anything to suggest McGee was in a “distressed or psychologically abnormal state” to which Sgt Hassell replied: “No, I did not.”