The Advertiser: Secret McGee report may go to police [06aug05] By Nigel Hunt
DIRECTOR of Public Prosecutions Stephen Pallaras, QC, may refer the closed report of the Kapunda Road Royal Commission to police for further investigations. The Advertiser understands the 14-page closed report does not in itself contain enough evidence to ensure a successful prosecution if further charges were laid against lawyer Eugene McGee or similar action taken against his brother Craig.

A senior legal source familiar with the evidence said it was “doubtful if that alone” would sustain fresh charges against any of the McGees. He said the most likely scenario was that the closed report – which contains the evidence given by McGee and his wife, Barbara – would be referred to SAPOL for further investigations before again being considered by Mr Pallaras.

“If the DPP thinks he has a chance and wants to go down that track with either of the McGees there will need to be more work done to get a decent brief together,” the source said. “It’s not just a matter of using what was said in the commission.” Mr Pallaras yesterday declined to comment at length, but said the decision on the McGee case was one of several involving high-profile matters that would be made over the next few weeks.

“In those cases some people will be happy with my decisions, others will not be,” he said. In the McGee case, two senior prosecutors – one a QC – have been asked to prepare legal opinions on the closed report which will be considered by Mr Pallaras.

Three weeks ago, Mr Pallaras outlined several matters concerning the closed report, but did not reveal its contents. He said royal commissioner Greg James, QC, had not provided a detailed analysis of the evidence, that he had expressed “no view whatsoever” as to whether any charges should be brought and had given no consideration to whether any such charges would succeed.

On the day the findings were released, Premier Mike Rann said he found the contents of the closed report “quite extraordinary”. The commission examined the police investigation and subsequent prosecution of Eugene McGee after he killed cyclist Ian Humphrey in a hit-run accident in November, 2003.