The Honourable Mike Rann MP, Premier, Media Releases: McGee Case Report 15-07-2005

Premier Mike Rann says the Report of the Kapunda Road Royal Commission vindicates the Government’s decision to inquire further into the handling of the McGee case. “We were right to intervene over Nemer and we were right to intervene following the McGee trial. “This case had too many unanswered questions and South Australians were entitled to know much more. We took action in the clear public interest. “South Australians were entitled to know why it was that a person who knocked over and killed a cyclist, fled the scene and avoided police for hours after, received only a $3000 fine and the loss of his driving licence for 12 months.

“The family of the late Mr Ian Humphrey and South Australians generally can now be assured that the unanswered questions at the end of the McGee trial and sentencing process have been comprehensively considered by an independent judicial officer. Attorney General Michael Atkinson says Commissioner James also delivered a second, closed 14-page report to the Governor, which discusses whether charges should be laid against certain individuals. “That report is now with me and I am seeking legal advice on its contents. “It would be inappropriate to release the second report or to discuss its contents in any detail as this may prejudice any future decisions in relation to the matter.” Mr Rann said he found the private report “quite extraordinary”.

“I am sure the relevant legal authorities will give its recommendations the most serious consideration. Mr Atkinson says the main 230-page Royal Commission Report makes very useful recommendations for reform of the law and changes to police procedures for major crash investigations. “These recommendations will no doubt guide the review that has already begun by the Commissioner of Police into major crash investigations.

“The Government, as a result of Commissioner Greg James QC’s recommendations, will now consider:

- Amending the Criminal Law (Forensic Procedures) Act to simplify and make it more practical for police use

- Amending the Criminal Law Consolidation Act to:
- increase penalties for causing death or serious injury by dangerous driving to life in prison,
- create a new offence of causing death or injury by driving without due care with a graduated scale of penalties depending on the seriousness of the offence,

- Amending the Road Traffic Act to:
- to make it clear that police can use force to enter and search relevant premises,
- create an offence of deliberately fleeing a scene in order to prevent evidence being obtained,
- increase penalties to ensure that fleeing the scene of an accident does not create advantages to the criminal,
- create an offence for drivers involved in collisions to alter their blood alcohol level after the event (such as consuming alcohol)
- create an offence of deliberately avoiding blood alcohol tests

- Introducing changes to criminal trial procedures requiring expert evidence including psychiatric evidence to be disclosed prior to trial

- Reforming police procedures relating to the taking of witness statements.

“It is important to note that Commissioner James, although critical of some aspects of the police investigation, makes no findings of corruption against the police or use of favouritism by them.

“He also found that while the prosecution took all reasonable steps to obtain expert psychiatric evidence at the trial, they did not take adequate steps to obtain alternative expert psychiatric evidence for the sentencing hearing to rebut McGee’s explanation for failing to stop and give assistance.”

Mr Rann says he would like to thank Commissioner James QC for the very thorough and efficient manner in which he has conducted the Royal Commission and to thank those who have assisted him in his work. Cabinet will make a more considered and comprehensive response to the Royal Commission Report’s findings and recommendations over the coming weeks.

**The report will also be available for downloading in electronic form at www.service.sa.gov.au/krrc/