Stateline South Australia Transcript: Kapunda Road Royal Commission, Broadcast: 15/07/2005. Reporter: Simon Royal

SIMON ROYAL: It is big and thick has lots of answers to questions many people have been bursting to find out. No, it is not the latest Harry Potter wizard novel, that’s out tomorrow. It is the findings of the Kapunda Road Royal Commission. The commission has been presided over by Greg James QC. He says there has been intense public interest, 25,000 hits on the web site, people even patting him on the back in the street. Commissioner James describes the Royal Commission as an ideas factory. It was never about overturning the McGee verdict or second, guessing the judge and jury.

GREG JAMES QC (ROYAL COMMISSIONER): What was more important than trying to change the verdict, as it were, was to look to what deficits there might have been and how they could be avoided in the future.

SIMON ROYAL: So first to the police investigation and to paraphrase: there is no conspiracy, just a stuff up. Commissioner James says there was no favouritism, but he went on: the long delay in contacting Eugene McGee affected the prospect of testing. The investigation was inappropriately conducted, there was confusion over command.

On this Zisimou brothers who claimed to have seen Mr McGee driving erratically just before the crash, Commissioner James accepted Antoni Zisimou saw Eugene McGee’s four-wheel drive. He said it is probable Mr Zisimou mentioned this but he also went on to say Sergeant Hassell’s interviewing and recording practices were inadequate.

On the question of expert evidence, the commissioner says the DPP did not do enough to obtain alternative expert psychiatric evidence for the sentencing. But he says new DPP Steve Pallaras did all he could be expected to do. There is criticism for acting DPP Wendy Abraham, but the commissioner also says the office was in transition.

To the recommendations. There is a series of recommendations for major retraining of police. A call for more extensive pretrial disclosure of expert evidence, and for courts to be able to appoint independent experts. The commissioner wants the law changed to allow police to be able to forcibly enter for searches, the penalty for death by dangerous driving to be increased to the same level as manslaughter, increased penalties for fleeing an accident, and penalties for attempting to disguise blood alcohol levels.

But Commissioner James has also produced a second closed report.

GREG JAMES QC: It can be expected that what is contained in the closed report will be known to the relevant agencies and to the relevant ministers but kept from public consumption for the moment at least in order to avoid any unfairness to anyone until consideration is given to what course should be taken. But if it is determined that some ? there should be no particular action, it remains open to the government at all times whether I recommended something or not, to take another course.

PREMIER MIKE RANN: I have had a brief look at that second report it just quite extraordinary. I can understand why it has been sealed. But, this is a total vindication of our intervention following the case.

SIMON ROYAL: Now, the language Commissioner James has used is interesting too. For the most part, it is quiet and deliberate.

GREG JAMES QC: I am not there to run some sort of performance of ferocious public criticism of agencies. What I am there for is to look to matters which warrant there being reforms or changes. Similarly, the Royal Commission is not there to give people a pat on the back or an accolade for good performance.

SIMON ROYAL: He has done that because the recommendations will need not only the support of the government, but ultimately also the support of the DPP and the police. Whether the poisonous relationship between the government and the DPP’s office affects that support remains to be seen.

GREG JAMES QC: I come from outside, I have no right to comment on internal South Australian politics. At the same time, I should say that to an outsider there is something about all this that is very unfortunate and I can only hope that whatever is causing this fracture comes to an end as soon as possible.

SIMON ROYAL: By happy coincidence Greg James is off to Canada later this year to train as a judicial mediator making him an expert on helping governments and legal authorities mend their various differences. He could be needed back here sooner than anyone expected, or maybe that is a job for Harry Potter.

IAN HENSCHKE: Simon Royal there. Well, as we have seen there the Rann Government says the findings are a complete vindication of its intervention in the McGee case. But for the family of the victim, Ian Humphrey, there are mixed feelings.

GRAHAM HUMPHREY: This is just a small part of the beginning of what’s been handed up. There is still a long way to go as far as I am concerned. The recommendations have to be dealt with that have been mentioned and it is still a long process. It will never be over for us but it is a step in the right direction for everybody.

FEMALE: Do you feel that justice has been served?

GRAHAM HUMPHREY: No, I don’t think justice has been served. I mean, the report is good in what it has done but I am not happy with the outcome that happened in the first place. So no, I am not happy that justice has been served.

DI GILCHRIST (IAN HUPHREY’S WIDOW): It was quite shocking to discover after Ian had been killed how insignificant the charges were and the penalties were. So to have that publicly acknowledged in the form of some recommended reform is really good.

GRAHAM HUMPHREY: I am quite surprised at the level of public interest, but I guess it is the public interest that is absolutely sick to death of the outcomes in these trials. It is my brother this week, it could be somebody else’s brother next week.

DI GILCHRIST: I don’t know if that I have ever been bitter towards McGee. I said within my victim impact statement I pity the man more than anything for not having the compassion to act in an appropriate manner.

FEMALE: Would you like to see him gaoled?

DI GILCHRIST: Personally gaol has never been a big issue.

FEMALE: You still have had no apology from McGee yourself?

DI GILCHRIST: No.

FEMALE: How does that make you feel?

DI GILCHRIST: I can’t articulate what that makes me feel.