Wheels of Justice

Adelaide Advertiser: Xenophon: Hit-run lawyer Eugene McGee must face tribunal (18 February 2012)

Dear reader, it’s not often I’m going to ask for your help, but I need to right now.

Over the past two weeks the ABC’s Australian Story recounted the tragic hit-run death of Ian Humphrey by Adelaide lawyer Eugene McGee.

It’s a case most South Australians have followed for years. Watching the saga in two half-hour episodes, however, distilled the tragedy and amplified the absolute injustice of what has occurred.

From the moment after the crash, the Humphrey family’s chance of getting justice for Ian was jeopardised.

After killing Mr Humphrey, who was riding his bike, McGee fled and avoided police for the next six hours. He had been drinking during the day but denied being drunk.

McGee’s prominence as an Adelaide lawyer made it difficult for the prosecution to find a lawyer to take on the case.

After a botched police investigation and a frustrating trial, McGee ended up with a $3100 fine and 12 months loss of his driver’s licence.

The court accepted McGee was in a dissociative mental state after he killed Mr Humphrey, even though he made 24 phone calls to lawyers and others starting three minutes after running into Mr Humphrey.

The subsequent Royal Commission put the spotlight on this tragedy, but still didn’t deliver justice to the Humphrey family.

The impact the legal process has had on his widow, Di, and daughters Chloe and Zoe has been devastating. Throughout the process I have tried to offer support and advice, but I wasn’t the only one.

I have had my differences with former Attorney-General Michael Atkinson, but I want to pay tribute to his work on this issue.

He has condemned the legal outcomes and pushed for serious law reform.

He also has supported Ms Gilcrist’s call for McGee to face the Legal Practitioners Disciplinary Tribunal over claims of unprofessional conduct.

He currently has a motion before the Labor Caucus calling for just that.

Incredibly, the Legal Practitioners Conduct Board decided there is no need for any further punishment – that despite being convicted of a fatal hit-run, and despite his conduct over the next six hours, McGee’s actions didn’t amount to unprofessional conduct.

The board decided the hit-run offence was over in a few seconds, and what happened afterwards didn’t really count when looking at his fitness to keep practising law.

Based on that logic, the offence of shooting someone wouldn’t be that bad because it’s all over in a few seconds.

Attorney-General John Rau has the power to refer McGee to the tribunal for a charge of unprofessional conduct.

Not only is he refusing to refer the case to the tribunal, but he also is refusing to release the legal advice on which he is relying.

Premier Jay Weatherill also is refusing to get involved, as is Opposition Leader Isobel Redmond. We can’t let the politicians walk away from this.

So, I plead with you to take action. Contact your local MP and demand they push the Attorney-General to use his power to make McGee face trial for unprofessional conduct.

If you need more information, call me on 8232 1144 or email justiceforian2012@gmail.com or visit www.facebook.com/justiceforian2012

If you care about justice in South Australia, if you care about Di Gilcrist and her daughters, and if you care about Ian Humphrey, you must speak out.

Right now, only you have the power to keep the road to justice wide open.

In anticipation,

Senator Nick Xenophon

(PS … if you didn’t see the TV program, go to www.abc.net.au/austory)