McGee royal commission vindicated | SA | Breaking News 24/7 - NEWS.com.au (25-08-2005)
NEW charges recommended against Adelaide lawyer Eugene McGee, who escaped jail after a fatal hit-and-run accident, have vindicated the royal commission into the case, South Australia Premier Mike Rann said today. SA Director of Public Prosecutions (DPP) Steve Pallaras recommended to police that McGee and his brother, Craig, each be charged with conspiracy to pervert the cause of justice over the death of an Adelaide cyclist.

If convicted, the McGees would each face a maximum four years imprisonment. Mr Pallaras said he recommended the charges after reading a confidential report by royal commissioner Greg James, who examined the police investigation and prosecution of the hit-run case.

In particular, Mr James investigated why McGee, who admitted drinking several glasses of wine before the fatal crash, was not alcohol tested. The basis of the conspiracy allegations was unclear, with the State Government refusing to publicly release the confidential report in case it prejudiced any future trial.

Mr Rann welcomed the possibility of fresh charges, saying the DPP’s move vindicated his Government’s decision to hold a royal commission. The commission heard the brothers returned to the crash scene, with Craig McGee driving, but they did not identify themselves to police when stopped at a roadblock.

Craig McGee was called to give evidence to the commission but was not asked a single question after he indicated he would refuse to answer anything that would incriminate him. The SA District Court earlier this year found Eugene McGee not guilty of causing death by dangerous driving, but guilty of the lesser charge of driving without due care.

He pleaded guilty to additional charges of failing to stop at an accident scene and failing to render assistance. McGee was fined $3100 and was disqualified from driving for 12 months. Di Gilchrist, the widow of cyclist Ian Humphrey, declined to comment today except to confirm she had been informed of the DPP recommendation.

“It is not appropriate for me to make any further comment until the courts deal with this matter,” she said.

Also today, the Government said it would introduce legislation to prevent defence lawyers from calling expert evidence in the closing stages of a trial, without disclosing it to the prosecution.

Mr Rann said McGee’s legal team had “ambushed” prosecutors when it called psychiatric evidence that McGee was in a disassociated state at the time of the crash, and had suffered post-traumatic stress disorder.

The prosecution was unable to produce its own expert evidence in time to challenge the evidence, Mr Rann said. Under the proposed legislation, lawyers would be required to file and serve a statement about any expert evidence they proposed to call at least 14 days before a trial. Failure to do so would result in penalties including disciplinary action by the Legal Practitioners Conduct Board.