| Australia and New Zealand Chat about the Australian cycling scene.. |
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Back to topic now. |
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News from the South Australian Kapunda Road Royal Commission into Eugene McGee trial. And Ian Humphreys death. Lets all make damn sure that the Wheels of Justice rides a fortnight back are only the beginning of a longterm movement to change attitudes of all road users and the legal fraternity. If you're concerned, pissed off etc, then it's time make that positive step towards taking action, so that cyclists are not continually treated like second class citizens. It's up to you. More: Adelaide Wheels of Justice: http://wheelsofjustice.com.au Bicycle Justice blog: http://bicyclejustice.blogspot.com Wheels of Justice email group: http://sports.groups.yahoo.com/group/wheelsofjustice/ Kapunda Road Royal Commission - Hit-run lawyer's evidence 'was wrong' http://www.theadvertiser.news.com.au...55E421,00.html EVIDENCE that criminal lawyer Eugene McGee gave at his trial for the hit-run death of cyclist Ian Humphrey was wrong, the accident's key witness yesterday told the Kapunda Road Royal Commission. Anthony Felice also told the commission he believed McGee was driving at up to 130km/h prior to the accident. He rejected McGee's evidence, given at his District Court trial in April, in which the lawyer said he was 25m-30m behind Mr Felice's car and attempting to overtake him when he struck Mr Humphrey. Mr Felice, during cross examination yesterday, told Grant Niemann, counsel assisting the commission, that McGee was between 70m and 100m behind him and was not attempting to overtake him at the time of the accident. He said that after watching McGee's Pajero hit Mr Humphrey in his rear vision mirror, he pulled over, but McGee had kept going and continued to drive past him. "I tooted my horn at him and I think he sped up then," Mr Felice told Mr Niemann. Mr Felice, who gave evidence before McGee in the District Court trial, did not get the chance to refute McGee's testimony in front of the jury, because he was never asked by the prosecution to do so. Mr Felice's evidence yesterday to the commission was in stark contrast to evidence given by McGee on April 12 during his trial. "I moved my car to the right . . I can see (another) car was still coming (and) I knew I wouldn't be able to continue and overtake," McGee said in evidence. "As I was moving back into the left (lane) . . still looking for the oncoming car, there was just a sudden flash to my left. I looked to my left and there was a person. The front of the car was colliding with a person." Mr Felice yesterday vehemently disputed McGee's claim that he was attempting to pass him, stating at "no stage he was trying to pass me." "If there's a car behind me and it's going to pass me, I know it's going to pass me," he told Mr Neimann. "He was never that close to me and him in a four-wheel drive over my little car he could see straight over the roof. "He'd see anything else coming. he wouldn't have to pull out." During the District Court trial, Mr Felice was only ever recalled briefly to clarify the distance between his vehicle and that driven by McGee. Asked by Mr Neimann yesterday if he would have been prepared to cooperate with the "police and the prosecution" and come forward again if he had been called upon, Mr Felice replied: "Yes, I would have." Commissioner Greg James QC then asked Mr Felice if, after he had given evidence the first time, anyone had asked him "whether you could say anything on the issue of whether or not McGee had moved his vehicle out toward the right hand side of the road in a manoeuvre apparently designed to commence or prepare for overtaking your vehicle?" Mr Felice replied: "No, sir." Whether Mr Felice was given a proper opportunity in the District Court trial to give evidence about his observations is one of the commission's nine terms of reference. Mr Felice said yesterday that when he first noticed McGee's Pajero in his rear vision mirror it was gaining on his Mitsubishi Lancer rapidly. Asked by Mr Niemann if he could estimate if McGee's Pajero was travelling significantly faster than him, Mr Felice replied: "to catch up to me . . he would have had to have been doing well over 120, 130 k's an hour." He also said at one point McGee had been driving so close to him, he had been able to obtain a description of him. McGee was acquitted of causing death by dangerous driving but convicted of driving without due care and failure to stop and render assistance following an accident. His sentence was a $3100 fine and 12-month driving suspension. Mr Felice was the first witness actually involved in the McGee case to give evidence to the commission, which is examining aspects of the police investigation and prosecution of Eugene McGee. Prior to their submissions Mr James again clashed with lawyer Rick Halliday, representing SAPOL, over the provision of documents to the commission. Mr James asked police to provide even more documents, this time relating to the investigation of road crashes and police procedures. |
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#36
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every chance write to the press, organise a ride, be pro-active on surveys and respond to any political enquiry or movement to support better laws and law enforcement and better driver education towards cycling.....but subsribe to the forums and wheels of justice Yahoo group too, keep in touch and be aware!! (lets just ban motor vehicles anyway and have the world move at a more human pace!!!). I lived on an isalnd in Hong Kong in the late 90s and we had no cars or trucks, just walking and bikes...(excepts for little noddy cars for police and ambulance- and these tiny carts for deliveries..it was cool...made great sense and everyone was much happier for it!) AS for the Kapunda Road RC, shame the terms of ref. didnt include strong requirement to call a re-trial....may still happen if new eveidence is available, shame if it was available and not just used, but then that is the basis of the RC anyway, a concerted effort by the prosecution, to adduce just enough evidence to get a minimum charge stick and insufficient evidence for a jury to find on any of the higher charges....SAPOL have a lot to answer for, no wonder they are already at issue with the RC and are running for cover and protecting butts....!!!!
__________________ ![]() I think..that the greatest benefit to cyclists would ensue if government were to..gradually signify and produce society's view that cycling is a legitimate form of roadway transportation, open to all on an equal basis of proper skills and responsibilities that are easily attained and exercised.(John Forester) |
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http://bicyclejustice.blogspot.com |
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#39
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Hi again, for updates on the Kapunda Road Royal Commission in South Australia, (investigating the Eugene McGee Case), check the Service SA site for daily transcripts in pdf format: http://www.service.sa.gov.au/krrc/ This site also has full transcripts of the Eugene McGee case in pdf format. Also, the Bicycle Justice blog has daily updates of related news articles: http://bicyclejustice.blogspot.com/ Adelaide Wheels of Justice, contact: derradfahrer[AT]internode[DOT]on[DOT]net to show your support on the Supporters page http://www.wheelsofjustice.com.au/ |
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#40
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Kapunda Road Royal Commission gets interesting... Breaking news on the Royal Commission investigating the Eugene McGee case. Di Gilchrist is a incredible woman possessing dignity & impulse control many would lack. For more news articles, see the Bicycle Justice blog. http://bicyclejustice.blogspot.com/ Adelaide Wheels of Justice: http://wheelsofjustice.com.au If you have any stories, links or articles, email: melbicyclejustice[AT]gmail[DOT]com. For full transcript and links of the Kapunda Road Royal Commission: http://www.service.sa.gov.au/krrc/ ************************* The Advertiser: Hit-run lawyer 'evaded police' [10jun05] By Tom Richardson http://www.theadvertiser.news.com.a...9%5E421,00.html HIT-RUN lawyer Eugene McGee has admitted he evaded police for several hours after killing a cyclist so he could tell his mother personally what had happened. The admission by the former police officer to the Kapunda Road royal commission could have serious consequences for his brother Craig, who McGee acknowledged had gone to "some trouble" to help him avoid arrest in the hours after the 2003 accident that left Ian Humphrey dead. Even before the Adelaide lawyer's arrival yesterday, commissioner Greg James QC was forced to order the removal of a graffiti message scrawled outside, which read: "Careful with that axe, Eugene" - the title of a 1968 Pink Floyd track now imbued with sinister significance. (more in article) ************************* TENSE ENCOUNTER AT COMMISSION AS McGEE FACES VICTIM'S WIFE http://www.theadvertiser.news.com.a...8%5E910,00.html IT took a ton of courage and even more self-control. Face to face with the man who killed her husband, Di Gilchrist had many questions she wanted him to answer. But yesterday, a dignified Ms Gilchrist chose to remain silent as she shared a lift with lawyer Eugene McGee, preferring to let the answers be revealed through the Kapunda Road Royal Commission. There were no words spoken in the brief encounter between the two as they rode the lift to the first-floor hearing room in Flinders St. The stony-faced McGee avoided eye contact with Ms Gilchrist, who gave him only a resolute glare. In his much-awaited appearance at the commission yesterday, McGee conceded to commissioner Greg James, QC, that his actions after the accident that claimed the life of cyclist Ian Humphrey were consistent with avoiding police. (more in article) |
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#41
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IDEA: to help build a record of stupidity, add your names to this list with details of your favorite village idiot behind the wheel....find it "upstairs at a.b Roo http://www.cyclingforums.com/t250694...-rage-vic.html
__________________ ![]() I think..that the greatest benefit to cyclists would ensue if government were to..gradually signify and produce society's view that cycling is a legitimate form of roadway transportation, open to all on an equal basis of proper skills and responsibilities that are easily attained and exercised.(John Forester) |
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#42
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Today, Friday 17th June, the Kapunda Road Royal Commission got even more interesting....refer to linked news articles below. The KRRC is, so to speak, turning over a few rocks. And hidden details are now scurrying into the light... From a cyclists perspective, the summons by Commissioner Greg James, sharply illustrates many systemic problems we face when going to the *authorities* for assistance in any road altercations. Adelaide Wheels of Justice: http://wheelsofjustice.com.au Bicycle Justice blog: http://bicyclejustice.blogspot.com Royal commission summonses police http://tinyurl.com/cp46l SOUTH Australia's chief prosecutor and police commissioner have been summonsed to give evidence to the McGee royal commission amid concerns the inquiry has been misled. Commissioner Greg James today ordered SA Police Commissioner Mal Hyde and Director of Public Prosecutions (DPP) Stephen Pallaras to reveal details of a directive not to arrest people accused of sexual assault or involved in major road accidents. McGee diagnosis had 'no proper clinical basis', inquiry told http://www.abc.net.au/news/new*sitem...6/s1394944.htm A Sydney psychiatrist has cast doubt on the diagnosis that lawyer Eugene McGee was in a "dissociative state" when he fled the scene of a fatal hit-run incident in late 2003. Sydney professor of psychiatry Christopher Tennant told the Kapunda Road Royal Commission there was no proper clinical basis for Professor Alexander McFarlane's diagnosis of McGee. Kapunda commissioner makes urgent plea for information http://www.abc.net.au/news/new*sitem...6/s1394735.htm In an extraordinary development in South Australia's Kapunda Road Royal Commission, Commissioner Greg James has made an urgent public plea for information, saying the commission may have been misled. Today the commission was told that the former Director of Public Prosecutions, Paul Rofe, had said he had directed police to report and not arrest offenders over sexual assaults and driving offences - information previously unheard by the inquiry. Court protects probe witness http://tinyurl.com/8b7qg A KEY witness at the McGee royal commission in Adelaide would not have to answer questions that might incriminate him, the Full Court of the Supreme Court has ruled. In a unanimous decision today the court determined that the powers of the royal commission did not remove any right Craig McGee had to refuse to answer questions if he felt those answers might incriminate him. Craig McGee is the brother of Eugene McGee, the lawyer who hit and killed a cyclist with his four-wheel-drive in November, 2003. Lawyers stall royal commission http://tinyurl.com/bsvak THE Kapunda Road Royal Commission was given a month-long extension late yesterday – just hours after it was derailed by an unforeseen legal hitch. The inquiry stalled when barrister Rick Halliday, who represents SA Police, advised commissioner Greg James, QC, he could no longer represent two – and possibly three – key police witnesses. |
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#43
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the wheels of justice are grinding their way towards the truth. slowly. June 29: McGee and brother may face charges http://www.theadvertiser.news.com.au...5E2682,00.html KAPUNDA Road Royal Commissioner Greg James, QC, is almost certain to recommend that lawyer Eugene McGee and his brother Craig face criminal charges for hindering a police investigation. Mr James said McGee had put himself "outside the law and evaded justice" and those who assisted him helped put him "beyond the power of police" on the night he killed cyclist Ian Humphrey in a hit-run accident. (more in article) Hit-run lawyer 'evaded justice' but it's not over By Tom Richardson http://www.news.com.au/story/0,10117...34-421,00.html THE vice is tightening on hit-run lawyer Eugene McGee, with royal commissioner Greg James QC declaring that the former police officer "put himself outside the law and evaded justice". As the Kapunda Road royal commission heard final submissions yesterday, Mr James said McGee, who escaped jail and was fined $3100 over the 2003 hit-run death of cyclist Ian Humphrey, might face further prosecution as a result of his recommendations. He issued a stark message to lawyers for McGee and his brother Craig, who allegedly helped him avoid arrest for several hours, that they would have their work cut out for them convincing the inquiry that their clients did not impede the course of justice. (more in article) |
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#44
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my devious mind still can't help thunken that there was a directive from "somewhere" in the investigating/arresting/dpp team to rely on in "that unwritten" policy about not arresting immediately "just in case " the shiite hits the fan later!!!...( you know!, "we'll use that to protect OUR butts"). It's clear on the transcipts of police evidence they had found/dug up/concocted one "just in case". (oh the master's hounds who chase the foxes (deceivers) learn a lot about the hunt- anon) but woohoo it's ( the RCs'comment from the bench to mcGees lawyers) a nice thing to read, and lets hope the DPP in SA doesnt wuss out when he/she too, reads the RC's "sealed" suggestion re: The McGees ! Justice... blind or not...WE would just like to see some, and hope that the RC helps avoid future repeats of this sad and sorry reflection on how to evade it!
__________________ ![]() I think..that the greatest benefit to cyclists would ensue if government were to..gradually signify and produce society's view that cycling is a legitimate form of roadway transportation, open to all on an equal basis of proper skills and responsibilities that are easily attained and exercised.(John Forester) Last edited by rooman; 06-28.-2005 at 09:01 PM. Reason: more doh |
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#45
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Here we go, find out this Friday whether this 'cut price' royal commission has been worth it. fyi....Kapunda Road Royal Commission: Final Report this Friday More at: http://bicyclejustice.blogspot.com Royal commission more about law reform than retrial http://www.abc.net.au/news/newsitems...7/s1413404.htm The royal commissioner looking into the death of South Australian cyclist Ian Humphrey in 2003 and the subsequent court case of hit-run driver Eugene McGee says the commission's final report is more about points of law and procedure rather than any retrial. Greg James QC is due to hand his final report to the Governor on Friday. Commissioner James says he will make recommendations for law reform after reviewing how the case was handled by police and draw the attention of relevant authorities to it. "Now that's not a recommendation that somebody be prosecuted or retried or anything of that order," he said. "It's simply drawing to the attention of authorities in a closed report matters which they may wish to consider." |
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