Kapunda Road Royal Commission gets interesting....

[cfsmtb]

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/

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The Advertiser: Hit-run lawyer 'evaded police' [10jun05] By Tom Richardson
http://www.theadvertiser.news.com.au/common/story_page/0,5936,15565039%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)

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TENSE ENCOUNTER AT COMMISSION AS McGEE FACES VICTIM'S WIFE
http://www.theadvertiser.news.com.au/common/story_page/0,5936,15566538%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)

 

[TimC]

On 2005-06-10, cfsmtb (aka Bruce)
was almost, but not quite, entirely unlike tea:
> outside, which read: "Careful with that axe, Eugene"

Beautiful.

--
TimC
If my head were spinning at relativistic speeds,
it would appear to everyone else that my brane had slowed down.
-- Dan E. Macs on RHOD

 

[cfsmtb]

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.

Royal commission summonses police
http://www.theadvertiser.news.com.au/common/story_page/0,5936,15644237%5E1702,00.html
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/newsitems/200506/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/newsitems/200506/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://www.heraldsun.news.com.au/common/story_page/0,5478,15640987%5E1702,00.html
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://www.theadvertiser.news.com.au/common/story_page/0,5936,15638403%5E2682,00.html
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.

 

[rooman]

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.

Royal commission summonses police
http://www.theadvertiser.news.com.au/common/story_page/0,5936,15644237%5E1702,00.html
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/newsitems/200506/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/newsitems/200506/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://www.heraldsun.news.com.au/common/story_page/0,5478,15640987%5E1702,00.html
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://www.theadvertiser.news.com.au/common/story_page/0,5936,15638403%5E2682,00.html
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.

amazing how they are holding ranks...and it will take just one of them to break and all the gory suspicions widely espoused will flow free..."the truth, the truth, the truth will set you free!".......
it is probably either Hassell or McGee's brother who hold the key to this, and why both of them are hiding behind legal devices......and the others are scurrying for cover....oh the pond of justice is a murky, deep dark one, and it holds many secrets......Go Greg James go! keep digging mate, don't take any **** ...there is a conspiracy in there that has been festering into a huge boil..lets hope the RC is the lance!

 

[HughMann]

amazing how they are holding ranks...and it will take just one of them to break and all the gory suspicions widely espoused will flow free..."the truth, the truth, the truth will set you free!".......
SNIP !

Eugene McGees' wife Barbara(?) when asked about what happened in the hours between the killing and the arrest said "I dont know" or "I cant remember" to nearly all the questions. She said that she hasnt discussed what happened with McGee.
Think that we heard answers like that from Bondy et al a few years back.
From a "Barrack Room Lawers" point of view it appears that attempting to pervert the course of justice might be uttered when one of them cracks.

"Oh what a tangled web we weave when first we practice to deceive". Sir Walter Scott

Or as Alice said, "interestinger and interestinger"

The Australian Newspaper is also giving good coverage of this ... arrrgh...what ! bloody shambles.

Cheers
Hugh

 

[cfsmtb]

News on the Kapunda Road Royal Commission:
http://www.service.sa.gov.au/krrc/

Important note: Written submissions for Terms of Reference 9 and 9A
http://www.service.sa.gov.au/krrc/050511_TermsofReference.pdf

Extract from Terms of Reference:

".......9. You may include in your report recommendations arising from your findings as to such reasonably practicable reforms of any law, practice or procedure that will enhance or improve the investigation and prosecution of similar offences......"

Must be received by Commission staff no later than c.o.b Friday 1 July, 2005.

Commission Premises
Level 1, 26 Flinders Street
ADELAIDE SA 5000

Phone: (08) 8463 7971
Fax: (08) 8463 7988
Email: [email protected]

 

[cfsmtb]

Oh what a devious web some folks weave.

Hit-run lawyer 'evaded justice' but it's not over: By Tom Richardson
June 29, 2005
http://www.news.com.au/story/0,10117,15762634-421,00.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.

Mr James said the commission - established to assess the efficiency of the police investigation and subsequent prosecution of McGee - might submit a supplementary, closed report containing material that the Director of Public Prosecutions could use to lay new charges against the McGees.

Mr James told Eugene McGee's lawyer, Malcolm Blue QC, that he had "no doubt that the police investigation was hindered" by his prolonged absence.

He said the McGees "may be at risk of further prosecution", although "whether (charges) might be brought or not is another thing entirely". "I am a royal commissioner, not a DPP," Mr James said.

"It's not my part to retry your client, but I certainly have to look to whether his actions affected the ability of the police to pursue an efficient and competent investigation. "At the moment I am disposed to the view that ... he put himself outside the law and evaded justice. I can't make it any clearer than that."

Mr James also suggested he would favour the testimony of Sydney psychiatry professor Chris Tennant, who criticised the expert evidence that kept McGee out of jail. Alexander McFarlane told McGee's trial that the lawyer had been suffering from post-traumatic stress disorder at the time of the accident, which triggered a "dissociative state".

A shadow also looms over police investigators who failed to test McGee for alcohol after his eventual arrest. While Mr James conceded McGee's actions had damaged the police investigation, he said he "still had to see whether what was done was an efficient, timely and competent investigation".

In his closing submission, counsel assisting the commission Grant Niemann suggested the arresting officers might not have pursued a blood sample because they were "intimidated (by) the profile of the matter" and "the fact that the suspect was a solicitor".

 

[cfsmtb]

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/200507/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."

 

[cfsmtb]

Ok, here we go:

.....The Royal Commissioner also delivered a secret second report to the state government which discussed whether further charges should be laid against McGee. Premier Rann said the secret report was "quite extraordinary" and had been handed to Government lawyers for "serious and urgent thought".....


SA hit-and-run case draws criticism July 15, 2005
http://www.news.com.au/story/0,10117,15938158-29277,00.html
A ROYAL Commissioner has criticised police and prosecutors over their handling of the controversial case of Adelaide hit-run lawyer Eugene McGee.

McGee, a former police prosecutor turned criminal lawyer, was driving his four-wheel drive in South Australia's Barossa Valley when he struck and killed a cyclist in November, 2003. McGee, who told his SA District Court trial he had been drinking in the hours preceding the fatal crash, fled the scene and was not arrested until more than six hours after the accident.

The prominent lawyer was not breath or blood-tested for alcohol.

In April this year, a jury found McGee not guilty of causing death by dangerous driving but guilty of the lesser charge of driving without due care.

McGee, who had earlier pleaded guilty to charges of failing to stop and render assistance at the accident scene, was fined a total of $3,100 and disqualified from driving for 12 months.

After widespread public outcry at the perceived lenient sentence, SA Premier Mike Rann called a Royal Commission into the handling of the case.

Today, Royal Commissioner Greg James QC delivered his report, criticising the handling of the accident investigation and subsequent prosecution.

"The SAPOL (SA police) investigation ... was not undertaken appropriately, efficiently and expeditiously in all respects," Mr James found.

"SAPOL did not maintain full control over the investigation at all relevant times.

"In a number of respects, the SAPOL investigation is open to criticism that it was inappropriately conducted."

Mr James also criticised the Office of the Director of Public Prosecutions (DPP) for not rebutting psychiatric evidence called by the defence that McGee did not stop at the accident scene because he was in a "disassociated" state.

"The DPP did not take adequate steps to obtain alternative expert psychiatric evidence," Mr James said.

"The prosecution should have called expert psychiatric evidence."

Mr James recommended changes to some laws, including increasing penalties for causing death by dangerous driving to life imprisonment, and creating a new offence of causing death or injury by driving without due care.

The Royal Commissioner also delivered a secret second report to the state government which discussed whether further charges should be laid against McGee.

Premier Rann said the secret report was "quite extraordinary" and had been handed to Government lawyers for "serious and urgent thought".

Mr Rann said Mr James' report "absolutely totally vindicated" the government in calling the royal commission.