The Australian: Cyclist killer lawyer ‘not unprofessional’

Posted by admin on 04/9/11 in McGee: South Australia Legal Practitioners Conduct Board

The Australian: Cyclist killer lawyer ‘not unprofessional‘ By Liza Kappelle From: AAP April 08, 2011 2:37PM

South Australia’s Legal Practitioners Board won’t take action against a hit-and-run lawyer who killed a cyclist and fled to get legal representation.

The board’s decision to find Eugene McGee had not engaged in unprofessional conduct when he killed Ian Humphrey in 2003 and fled has infuriated Independent Senator Nick Xenophon who wants its members sacked.

He’s also called for a complete overhaul of the system for disciplining lawyers.

Mr Humphrey’s widow, Di Gilcrist-Humphrey, complained to the board in April 2006 and received her reply this week.

In a letter from board member Tony Abbott, she was told it couldn’t take action because McGee’s conduct in the aftermath of the accident was not of such an “infamous nature” as to amount to unprofessional conduct.

“After hitting the cyclist, the practitioner did not stop his car or render assistance at the scene of the accident, he subsequently made several telephone calls, and later that evening he reported to police having arranged legal representation for the purpose,” the board’s letter said.

McGee’s actions in the seconds after the crash had to be considered in the light of medical evidence at trial that said he was likely suffering from subclinical post traumatic stress disorder at the time of the collision.

Mr Xenophon says the board’s “weasel words” were not good enough.

“According to the board, a lawyer can hit and kill a cyclist, leave him on the side of the road, even drive past the scene later, and not be guilty of unprofessional conduct,” he said.

“It is disgusting.”

Lawyers can’t be trusted to adjudicate on their own, he said.

Senator Xenophon also slammed the board for failing to consider the evidence that McGee was a passenger in his brother’s vehicle that drove past the crime scene while on his way to his lawyer, and failed to assist the police in their inquiries, when he clearly could have been able to.

McGee was not breath- or blood-tested for alcohol following the crash and was later fined $3100 for driving without due care.

His case sparked a royal commission which investigated how police handled the matter and led to conspiracy charges being laid against McGee and his brother.

Both were later acquitted of those charges.

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2 Comment(s)

  1. Michael Hannah | Aug 19, 2011 | Reply

    Ok Mr Lawyer, the Law teaches MOST profestionals that there is a duty of care to report an accident, yet you being a part of the accident never reported it – heance the man ran over or hit could still have been saved if you pulled over and reported it right away, no? Or is or does thjis law only abide to lesser paid profestionals? NEGLEGENCE is written all over this care, and you are responsible for not reporting the incident.

    Going to your brother or brother in-Laws place for a few scotches doesn’t help you, in fact in indictes that your possibly even more in the wrong because your not taking your responsibility as a driver seriously. Perhaps even out of fear, doesn’t matter! You propbably feared killing the man and it looks like you fled the scence taking no responsibility for your own actions whether innocent or not.
    In my opion you should have stopped, checked the mans vital signs and rang “OOO” right away! In not doing this I beleive you are negligent.

    The Courts finding and Brotherhoods finding of Lawyers seems very strange, people in lesser positions have been penalised worse that you have.

    Get real mate! Get real Australia and your repeatedly clumpsy Law System that allows negligent people through the loop holes you yourselves havn’t closed.

  2. Michael Hannah | Aug 19, 2011 | Reply

    Ok Mr Lawyer, the Law teaches MOST professionals that there is a duty of care to report an accident, yet you being a part of the accident never reported it – hence the man ran over or hit could still have been saved if you pulled over and reported it right away, no? Or is or does this law only abide to lesser paid professionals? NEGLIGENCE is written all over this care, and you are responsible for not reporting the incident.

    Going to your brother or brother in-Laws place for a few scotches doesn’t help you, in fact indicates that your possibly even more in the wrong because your not taking your responsibility as a driver seriously. Perhaps even out of fear, doesn’t matter! You probably feared killing the man and it looks like you fled the scene taking no responsibility for your own actions whether innocent or not.
    In my option you should have stopped, checked the mans vital signs and rang “OOO” right away! In not doing this I believe you are negligent.

    The Courts finding and Brotherhoods finding of Lawyers seems very strange, people in lesser positions have been penalized worse that you have.

    Get real mate! Get real Australia and your repeated clumsiness “Law System” that allows negligent people through the loop-holes you yourselves haven’t closed yet.

    Why is this I and many Australians, I am sure would ask you today?

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