The Age: Brothers fight for stay of charges

Additional background to the McGee case:

• 2005: McGee Case News Articles (87)
• 2005: Kapunda Road Royal Commission (145)
• 2005/07: McGee Contempt of Court Case (35)

A prominent Adelaide lawyer and his brother want to call a leading criminologist to give evidence in their bid for a stay on charges of perverting the course of justice. Lawyer Eugene McGee and his brother Craig appeared in the South Australian District Court on Wednesday as they continue to argue that they can’t get a fair trial because of the publicity their case has attracted.

It is alleged the brothers obstructed a police investigation into Eugene McGee’s involvement in a hit-and-run crash in 2003 which killed cyclist Ian Humphrey.

A former police prosecutor, Eugene McGee was previously found guilty of driving without due care on the night he hit and killed Mr Humphrey, before fleeing the scene. He was fined $3,100 and disqualified from driving for 12 months.

The lawyer and his brother were charged with perverting the course of justice following a subsequent royal commission into the police investigation of the crash. They now want those charges permanently stayed and have raised the prospect of calling criminologist and psychologist Paul Wilson in support of their case.

Judge Malcolm Robertson said he had some concerns about the move, particularly the lack of a report from Professor Wilson to outline the basis of his expert testimony.

The prosecution also questioned the lack of details about what evidence Prof Wilson might give, foreshadowing possible objections to his opinions and the relevance of those opinions. The hearing was continuing. The McGee brothers remain free on bail.