The Advertiser: Legal board begins McGee investigation [26aug05] By Nigel Hunt
THE Legal Practitioners Conduct Board has launched an investigation into the activities of lawyer Eugene McGee. Presiding member Stephen Walsh, QC, yesterday confirmed the inquiry was underway but declined to elaborate because of confidentiality provisions within the Legal Practitioner’s Act.

“Upon completion of its inquiry and the due consideration of all relevant material, the board will make a decision,” he said. The inquiry is being conducted under Section 76 of the Act, which relates to unprofessional or unsatisfactory conduct. Mr Walsh said the board “has noted” the decision of Director of Public Prosecutions Stephen Pallaras, QC, to recommend that McGee and his brother, Craig, be charged by police with conspiracy to pervert the course of justice.

That recommendation relates to their activities after McGee killed cyclist Ian Humphrey in a hit-run accident in November, 2003. The board investigation follows a request from Attorney-General Michael Atkinson on July 15 – the day the findings of the Kapunda Road Royal Commission were released – to suspend McGee from practising as a lawyer in SA.

The board has the power to reprimand McGee if a complaint is upheld, or it can refer the matter to the Legal Practitioners Disciplinary Tribunal for further action. A formal hearing is then held which can result in penalties ranging from a fine to the lawyer being suspended.

In another development yesterday, Premier Mike Rann revealed the details of legislation to outlaw the practice of “ambushing” in criminal trials. The practice, which involves the defence introducing last-minute expert evidence, gives the prosecution little time to rebut the evidence. Under the legislation, which is supported by the Opposition, lawyers who fail to disclose expert evidence before a trial could face action for misconduct.

In McGee’s District Court trial, the defence led last-minute expert psychiatric evidence that was not disclosed before trial. The prosecution was unable to produce its own expert witness to rebut the evidence.

The legislation is the first Bill to be introduced as a result of recommendations made by Kapunda Road Royal Commissioner Greg James, QC. Mr Rann said yesterday the legislation would “prevent what happened in the trial of Eugene McGee” and was among numerous reforms to criminal trial procedures.

“We will legislate to make defence lawyers disclose expert evidence before the trial and we are backing it with serious repercussions if they don’t,” Mr Rann said. Law Society of SA president Alexander Ward said while the society was not against disclosure in criminal trials, it wanted to examine the detail of the proposed legislation.