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AdelaideNow: Eugene McGee and Craig McGee found not guilty of conspiracy over Kapunda Rd hit-run

Hit-run lawyer Eugene McGee and his brother Craig have this morning been acquitted of conspiring to pervert the course of justice by a District Court judge. District Court Judge Peter Herriman reserved his decision when the trial ended on February 24, taking three weeks to reach a verdict. Nearly six years and a half have passed since the fatal collision on the Gawler to Kapunda Rd in November 2003.

In 2005, Eugene was acquitted of causing death by dangerous driving, but was fined $3100 for driving without due care. Later that year, following the Kapunda Rd Royal Commission that examined the police investigation and subsequent prosecution of Eugene, the pair were charged with conspiracy.

Those charges have withstood appeals to both the Supreme Court and, last year, the High Court. Opening the conspiracy trial, prosecutor Emily Telfer said the brothers had “agreed to … prevent SA Police from investigating or adducing evidence of the blood alcohol level of Eugene McGee at the time of the collision”.

“(Eugene’s) failure to stop and render assistance, coupled with the possibility that alcohol consumed and the manner of driving had caused the collision, led him to being concerned about his personal and professional position,” Ms Telfer said. The court heard numerous calls totalling 27 minutes were held between Eugene and his friend and barrister David Edwardson, QC. Calls between the brothers totalled almost 15 minutes.

Neither of the brothers took the stand during the trial and only Eugene called witnesses in his defence.

One of those, his psychiatrist, Alexander McFarlane, told the court that Eugene had been affected by past traumas including his involvement in the Snowtown murder case.

In closing submissions, Lindy Powell, QC, for Craig, said her client had lied to police, falsely saying he did not have a contact number for Eugene, because his brother wanted to speak to their mother and get legal advice first. “Everything he did constituted a lawful act,” she said. If Craig had given police his brother’s mobile phone number “police would have prevented both these things his brother wanted to do from happening”.