Adelaide Now: People surveyed over trial publicity

Criminal lawyer Eugene McGee surveyed “hundreds of South Australians” to prove he can not receive a fair trial in this state, the District Court has heard. McGee and his brother, Craig, are seeking a permanent stay of their upcoming trial on charges of conspiring to attempt to pervert the course of justice.

They claim “intense” media coverage and the “disparagement” of their characters by the Rann Government mean no jury could fairly consider their case. Today, the court heard defence counsel had gone so far as to survey people in Adelaide about their opinions of Eugene McGee and his previous court case – over the hit-run death of cyclist Ian Humphrey.

Eugene McGee was acquitted of causing death by dangerous driving but was fined for driving without due care. In a subsequent royal commission, he testified Craig alerted him when it was safe to go to their mother’s Kapunda house after police had been there looking for him. He also said Craig drove the pair to Adelaide that night, stopping at a police roadblock without alerting officers to his brother’s presence in the car.

Sydney-based lawyer Tim Game, SC, for McGee, successfully applied for the specifics of the survey to be suppressed. However, Melbourne-based prosecutor Jeremy Rapke, QC, failed in his bid to have the entire hearing covered by a “blanket suppression”. Following submissions by The Advertiser and ABC-TV, Judge Malcolm Robertson ruled no “special circumstances” existed to warrant a ban on reporting of the case. The hearing is continuing.