The Australian: Charges against McGee brothers likely [August 25, 2005]
PROMINENT Adelaide lawyer Eugene McGee is likely to face fresh charges over the hit-and-run death of an Adelaide cyclist. South Australia’s Director of Public Prosecutions Steve Pallaras said he had recommended to police that McGee and his brother Craig each be charged with one count of conspiracy to pervert the cause of justice.

The move was welcomed by Premier Mike Rann who said it vindicated the Government’s decision to hold a royal commission into the case. The basis of the conspiracy allegations against the pair is unclear as the commission report has not been made public.

Earlier this year, Eugene McGee was found not guilty of causing death by dangerous driving but guilty of driving without due care. He had earlier pleaded guilty to failing to stop at an accident scene. All the charges related to the death of cyclist Ian Humphrey who was hit by McGee on a country road, north of Adelaide, in 2003.

McGee was fined $3100 and lost his driver’s licence for a year, a penalty which outraged the community including Mr Humphrey’s widow Di Gilcrist. The move to lay a further possible charge against Eugene McGee comes six weeks after the end of the royal commission into the case which examined the police handling of the investigation and prosecution, especially why he was not alcohol tested.

Mr Pallaras said he had advised both the Government and Ms Gilcrist of his decision. “I have informed the Government through the attorney-general of my decision in this matter,” he said.

Premier Rann said he felt an injustice had been done after McGee’s trial. “I am pleased to see that the closed report of the royal commission has led to charges finally being laid after a delay of almost two years,” he said.

“While nothing can assuage the grief the family of Mr Humphrey and especially his wife, the prosecution of the McGee brothers vindicates their persistence in pursuing justice. “This shows that the royal commission was not just a politicians’ picnic.”

Mr Rann said the Government would also make a series of announcements in the coming months in relation to the royal commission report, including moves to change some court procedures. “As a first priority I want to see the law changed to make sure that defence counsel do not ambush the prosecution at trial with expert evidence which cannot be rebutted,” Mr Rann said.