Wheels of Justice

Victim’s family wants Eugene McGee disbarred

Hit-run lawyer Eugene McGee is profiting from his drawn-out prosecution and using it to fuel a drink-driving law practice, the widow of his victim says.

Di Gilcrist, widow of Ian Humphrey, yesterday attacked the former police officer for trading on his “stigma” to make a living.

She was upset to learn that, one day after Mr McGee and his brother were acquitted of conspiracy to pervert the course of justice charges, legal websites continue to boast his expertise in driving matters.

“He is actually profiting from the experience and the stigma that the case has afforded him,” she said.

“Law is a professionally based system and here we have this man practising law after killing someone and fleeing the scene for whatever reason. I find it amazing, but not surprising.” Read rest of entry>

The acquittal of Craig and Eugene McGee in the District Court of South Australia of a Charge of Conspiracy to Pervert the Cause of Justice clearly exposes serious defects in the law in this country concerning the death of vulnerable road users and the ability of those with knowledge and experience of the law to fully exploit the system to avoid responsibility for their actions beyond a smack on the wrists.

Judge Herriman as the sole arbiter of fact in this final prosecution had to apply the law as it now stands, however the acceptance that clearly unlawful acts by the defendants in evidence raises the ire of the public and causes many commentators to demand reform if this is in fact a proper interpretation of the law by this Judge. Read rest of entry>

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“For more than six years I have been a victim of the criminal justice system,” Ms Gilchrist said outside court.

“For me this has never been about wanting to see Eugene McGee sent to prison.

“It has only ever been about humanity, understanding and acknowledgement.

“As happened in the trial of 2005 I have once again largely been denied this.

“Certainly the judge’s remarks in this trial support the public perception of what occurred on the night my husband was killed.

“It’s a sad reflection of the criminal justice system that something so black and white could be manipulated to absolve Eugene McGee of his lack of moral and ethical responsibility.”

Liberals pledge to refer Eugene McGee case to new law reform commission

The Eugene McGee case will be promptly reviewed by a new law reform commission if the Liberal Party wins power on Saturday. “We are committed to refer this case to a law reform commission to be established under a Liberal government,” shadow attorney-general Vickie Chapman said. “Legislation is the important responsibility of Government and Parliament and if there was a way of improving the processes here, we will do so.

“Unlike Mr Rann and Mr Atkinson, we will not blame the judiciary, lawyers and the police for the potential shortcomings in the legal system – we will fix those shortcomings. “Judge Herriman applied the current law and I accept there will be public concern that it appears no one has paid the price when a man has lost his life.” Read rest of entry>

Courts Administration Authority South Australia

Read the the full judgement made by Judge Herriman regarding the McGee Verdict

• Reg v McGee & anor [2010] SADC 36 District Court, Trial by Judge Alone, Herriman DCJ, 17 March 2010
• PDF format (56 pages, 196kb)

Criminal law – Offences – conspiracy to attempt to pervert the course of justice – requirements for conspiracy – elements of offence.

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

The widow of a cyclist killed by hit-run lawyer Eugene McGee says she has been abandoned by the justice system following his acquittal of conspiracy charges.

Speaking outside court after MGee and his brother, Craig, this morning were found not guilty of conspiring to pervert the course of justice by a District Court judge, Di Gilchrist said she was not surprised by the outcome.

The verdict means the only penalty Eugene McGee will ever face for hitting and killing cyclist Ian Humphrey in 2003 – and then avoiding police while he returned to Adelaide - will be a $3100 fine for driving without due care.

“Fore more than six years I have been a victim of the criminal justice system,” Ms Gilchrist said. Read rest of entry>

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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. Read rest of entry>

On the 4th February, 2010, the District Court of South Australia began to hear the case against Eugene and Craig McGee on a charge of conspiring to pervert the cause of justice over the death of Ian Humphrey on 30 November 2003.

As the matter is before the Court, we make no comment and call on others to do the same to ensure the case is tried on merit and justice prevails.

A full history of the case is in the public domain (SA Law Reports & Royal Commission Reports) and Australian media is offering daily coverage as permitted by law.

• ABC News: McGees’ conspiracy trial proceeds (5th February 2010)

Anyone wishing to contact this website regarding this matter please do so via our contact page.

We have no public comment at this time.

We call on all to exercise restraint in comments regarding this case and its history in public online forums.

We will bring a full summary in due course.

Wheels of Justice

November 17: Media Release: Greens call for federal funding for cycling

Greens Senator Kerry Nettle has today launched The Greens federal cycling initiative. Joining dozens of cyclists for a mass ride into the centre of Sydney Senator Nettle announced that The Greens will be pushing for a Commonwealth commitment of $750 million dollars over ten years to support cycling infrastructure and promotion.

“The Greens believe that all transport funding should be based on principles of equity, fairness and sustainability. Cycling, walking and public transport make a huge positive contribution to the environment and to communities, yet the federal government is not doing enough to promote and support cycling,” Senator Nettle said. Read rest of entry>

International Herald Tribune: South Korea promoting bicycle use

South Korea, one of Asia’s industrial powerhouses, is turning to an old-fashioned way to solve the problem of its traffic-clogged roads: encouraging people to ride bicycles. The Home Affairs Ministry announced a campaign Monday to promote bicycle use as a way to cope with heavy traffic, air pollution and soaring global oil prices. The ministry said it will increase the number of bicycle-only roads and bicycle racks and revise related ordinances. Read rest of entry>