Adelaide Advertiser: McGees to stand trial - 29 August, 2006

Criminal lawyer Eugene McGee and his brother, Craig, have been ordered to stand trial on charges of attempting to pervert the course of justice. The McGees have pleaded not guilty to one count each, the charges relating to their alleged conduct in the hours after Eugene killed cyclist Ian Humphrey in a hit-run accident in November, 2003.

They will be arraigned in the District Court in October, but Craig McGee will be able to enjoy a 12-day holiday in the Philippines before his trial.

In the Adelaide Magistrates Court yesterday, Magistrate Fred Field varied his bail so he could travel there from late December to early January. The Office of the Director of Public Prosecutions, meanwhile, has been criticised by Mr Field over its handling of the case, which follows the conviction of Eugene McGee for driving without due care after being acquitted of causing death by dangerous driving.

Mr Field slammed a prosecution application to cross-examine two witnesses as a “fishing expedition”. Prosecutor Caroline Mealor had sought leave to cross-examine Eugene McGee’s solicitor, Matthew Selley, and his doctor, Professor Andrew McFarlane.

She said that although they had refused to give statements, they had “relevant information” about the case, including claims the McGees met at a quarry after Mr Humphrey’s death, but before going to the police.

But Mr Field agreed with defence objections, saying that “the prosecution seeks to embark upon a fishing expedition . . . without merit”.