Update: McGee case still dragging on

Wife of victim hits out at DPP
http://tinyurl.com/ouuxc
Nigel Hunt. 26feb06

THE wife of the man killed by lawyer Eugene McGee in a hit-run crash
has accused Director of Public Prosecutions Stephen Pallaras of being
"insensitive and disrespectful" to victims of crime.

Diana Gilcrist-Humphrey, whose husband Ian Humphrey was killed while
cycling on Kapunda Rd, near Freeling, is seeking an apology from Mr
Pallaras QC, following a speech he gave to a Commonwealth Club lunch on
February 15 which contained comments about the case.

Ms Gilcrist-Humphrey has also written to Attorney-General Michael
Atkinson asking him to consider disciplinary action against Mr
Pallaras.

In the letter, obtained by the Sunday Mail, Ms Gilcrist-Humphrey says
Mr Pallaras's "cavalier remarks cannot go unchallenged".

"The content of this speech demonstrated a distinct lack of sensitivity
and respect for victims of crime – in particular the crime that led to
the death of my husband," she states.

"These remarks have betrayed the integrity of his office".

In his speech, Mr Pallaras gave a tongue-in-cheek summary of the
controversy that has surrounded his appointment and his subsequent time
as DPP.

It included comments about the Kapunda Road Royal Commission, held in
response to the public outcry over the sentence handed out to McGee.

"Next, I might say, what a curious idea it was to have a Royal
Commission in relation to the part played by the DPP in a well-known
case and, when it was over with no adverse findings to the office, say
'I told you so'," Mr Pallaras said in his speech.

In his findings, Royal Commissioner Greg James QC was critical of the
DPP in several areas over its handling of the McGee trial.

Ms Gilcrist-Humphrey said she failed "to comprehend how Mr Pallaras
considered it appropriate to make such a statement".

"My copy of the Royal Commission report clearly identifies a number of
errors made by the office of the DPP," she states.

"I fail to see that Mr Pallaras's confrontational attitude is serving
the needs of his office or his clients.

"I consider it would be most advantageous if the current DPP made a
concerted effort to appropriately represent the public in the
administration of justice.

"Fundamental to this is the need for Mr Pallaras to ensure that all
comments have a factual basis and are in no way going to cause undue
distress to victims of crime."

Mr Pallaras was unaware of the letter until contacted by the Sunday
Mail yesterday, declining to comment "until I have seen its contents".

Mr Atkinson said he would "seek an explanation" from Mr Pallaras.

Ms Gilcrist-Humphrey said she had not sent a copy of her letter to Mr
Pallaras.

"He does not respond to my correspondence anymore, so it's a waste of
time sending any to him," she said.


--
cfsmtb

cfsmtb Wrote:
March 14: Hit-and-run widow supports victims' advocate proposal
http://www.abc.net.au/news/newsitems...3/s1591674.htm

The widow of Eugene McGee's hit-and-run victim says she still has not
received justice, despite the South Australian Government's
intervention.


Snip

One has become used to the court process giving weird judgements and
taking ages to do it. Its not satisfactory.

The other issue regarding Eugene McGee is that of the disciplinary
action that was taken against him by the SA Bar Association as to
whether he was fit to practice.

I fear that a corner of the carpet has been lifted and the dirt has
been swept under.

Perhaps there has been a "negotiated settlement" like Iwont practice
for 12 months (the 12 just past) and you dont tell anyone that you have
disciplied me.

Mates Rates Rule

Hugh


--
HughMann

Crash lawyer charges 'to be dropped'
http://www.news.com.au/story/0,10117...52-421,00.html
From: AAP, By Lauren Ahwan. April 26, 2006

A MAGISTRATE has threatened to dismiss criminal charges against a
prominent Adelaide lawyer unless prosecutors better detail their
allegations.
Magistrate Fred Field said he was not satisfied with the prosecution's
attempts to date to provide particulars of charges faced by lawyer
Eugene Norman McGee and his brother Craig Patrick McGee.

Both men are charged with conspiracy to pervert the course of justice
following a hit-and-run crash in 2003 that killed a cyclist.

Mr Field told prosecutor Peter Brebner that he had failed to
satisfactorily provide particulars, as previously ordered.

The other crown prosecutor is Caroline Mealor.

Lawyers for the McGees today argued in Adelaide Magistrates' Court that
if Mr Brebner could not provide sufficient detail, the charges should be
dropped – to which Mr Field agreed.
"I should make it clear ... I'm not satisfied with the response to the
order (to provide particulars)," Mr Field told Mr Brebner.

If prosecutors failed to provide further information before the next
court hearing then "I may be sympathetic to (the) application to have
the proceedings dismissed", Mr Field said.

Eugene McGee was fined $3100 and disqualified from driving for 12
months after being found guilty of driving without care on the night he
hit and killed cyclist Ian Humphrey, before fleeing the scene.

A subsequent royal commission found the lawyer and his brother returned
to the scene a short time after the collision but, when stopped at a
roadblock, did not identify themselves to police, resulting in the
perverting justice charges being laid.

The brothers are yet to enter a plea to the charges but, if convicted,
each face a maximum of four years' jail.

The matter will return to court next month.


--
cfsmtb

cfsmtb Wrote:
Crash lawyer charges 'to be dropped'
http://www.news.com.au/story/0,10117...52-421,00.html
From: AAP, By Lauren Ahwan. April 26, 2006

A MAGISTRATE has threatened to dismiss criminal charges against a
prominent Adelaide lawyer unless prosecutors better detail their
allegations.
Magistrate Fred Field said he was not satisfied with the prosecution's
attempts to date to provide particulars of charges faced by lawyer
Eugene Norman McGee and his brother Craig Patrick McGee.

Both men are charged with conspiracy to pervert the course of justice
following a hit-and-run crash in 2003 that killed a cyclist.

Mr Field told prosecutor Peter Brebner that he had failed to
satisfactorily provide particulars, as previously ordered.

The other crown prosecutor is Caroline Mealor.

Lawyers for the McGees today argued in Adelaide Magistrates' Court that
if Mr Brebner could not provide sufficient detail, the charges should be
dropped – to which Mr Field agreed.
"I should make it clear ... I'm not satisfied with the response to the
order (to provide particulars)," Mr Field told Mr Brebner.

If prosecutors failed to provide further information before the next
court hearing then "I may be sympathetic to (the) application to have
the proceedings dismissed", Mr Field said.

Eugene McGee was fined $3100 and disqualified from driving for 12
months after being found guilty of driving without care on the night he
hit and killed cyclist Ian Humphrey, before fleeing the scene.

A subsequent royal commission found the lawyer and his brother returned
to the scene a short time after the collision but, when stopped at a
roadblock, did not identify themselves to police, resulting in the
perverting justice charges being laid.

The brothers are yet to enter a plea to the charges but, if convicted,
each face a maximum of four years' jail.

The matter will return to court next month.
it is not uncommon for cases to be "tossed" out on technical grounds,
especially where interlocutory steps are involved (eg: giving
particulars as required by rules of court, if not done in a timely
fashion or if incomplete or irrelevan"t) which can lead to a refusal by
the presiding officer ( Judge, magistrate etc) to allow the case to
proceed.

It is certainly open to the prosecution to drag its feet, that has
happens clearly many times in the original Mcgee case, and during the
presenting of evidence to the Royal Commission.

It is also easy, therefore, for Mcgee's defence team to capitalise on
any tardriness by the prosecutor to get their client off and do what
the DPP said back in Feb 06 such as "I told you so" and scoff it all
off as a waste of time.

The effect this must be having and continue to bring on Di Gilchrist
I'm sure is horrendous.

The SA Govt is doing nothing to support the case it seems but allowing
the DPP to follow its usual slow plod and tardry ways when a member of
the "club "is involved.

It seems only too apparent to me and many others that the legal
profession in Adelaide is a largely self indulgent lot who have been
caught out by the McGee case and their comfort zone rattled severely.

Yes I know there are rotten apples and many SA lawyers will come out
and so, "Not Me", we are not like that, blah blah, but sorry, they have
had ample opportunity to toss this rotten apple out...and still no
tranparent outcome to deliver to McGgee the just desserts of his
wrongful acts.

A paltry fine and short driving disqualification is no way to deliver
justice to Ian Humphrey's memory, or the callous and calulated way the
said McGee and his brother hid from investigating police just long
enough for the alcohol to dissipate from McGees blood just in case he
was tested.

It is absultely perverse that this case is even having such
interlocutory threats made by a presiding magistrate.

The DPP should be very concerned, Mike Rann should be very concerned
and we who ride on the roads of this nation at the mercy of drunken
smart alecs who hide behind the law should be more than concerned...we
should be outraged beyond measure.

BE VERY CONCERNED, BE VERY VERY CONCERNED...THIS IS A BAD ONE AND WE
WILL ALL RUE THE DAY WE DIDNT DO MORE TO MAKE THIS SORRY CASE NOT THE
MOST PROMINENT ISSUE BEFORE CYCLING ADVOCACY AND PEAK BODIES IN THIS
DAY.

(rant doesnt end...it is just the beginning...)

now lets get our act together and do a Melbourne Ride of Respectful
Silence in Protest on May 13

I will happily discuss route, venue time in a separate Post, so give it
some thought, next 24 hours or so, we start hammering this out and make
Me!bourne's cycling advocacy's voice heard...things have to change we
know it takes time, but it shouldnt be taking lives...

Think of the names...such as Maddy Cole ( killed on a training ride up
on Whitehorse Road by being hit by a cricket bat from a passing car)
did he die so we could ignore that fact...no of course not so let's do
it.

Thanks for reading, thanks for thinking about this...now please
contribute as best you know how...

hope to see you on the ride and read or hear your voice before and
after.

cheers

Roo


--
rooman

Should of included background details about all this, just in case
anyone needs reminding, or for those who came in late.

RoS and WoJ are separate events but with very similar goals. The local
RoS is shaping up to to be held on an different date / time than in the
US, so as Roo mentioned, what this (a.b) space! Further national WoJ
rides are being planned later this year.

Ride of Silence (US)
http://www.rideofsilence.org/

Wheels of Justice yahoogroup:
http://sports.groups.yahoo.com/group/wheelsofjustice/

BISA Media Release May 05
http://www.bisa.asn.au/docs/media_re...ally_may05.pdf

BISA: Rally for the Humphrey family
http://www.bisa.asn.au/humphwebpix/waterbottles.html
http://www.bisa.asn.au/humphwebpix/pix.html

WoJ blog that has collated details of the McGee Case
http://bicyclejustice.blogspot.com

WoJ May 05 pix from Adelaide, Sydney, Brisbane & Melbourne
http://tinyurl.com/nt4h9
http://www.flickr.com/photos/7266369...eelsofjustice/
http://tinyurl.com/kbex5
http://tinyurl.com/rdsyd


--
cfsmtb

I think it's probably time for another WoJ in Adelaide.

Then again, I'm not surprised that the platitudes the politicians put
before us while standing on the steps of Parliament House have proven
(in most, but not all) to be exactly that and little more.


--
deejbah

DPP insults victims of crime, says MP
http://tinyurl.com/mtyvn
By CRAIG BILDSTIEN. 06may06

THE self-confessed "villain" of Parliament, Nick Xenophon, yesterday
demanded the State Government appoint an independent regulator to
oversee the office of the Director of Public Prosecutions.

In an address to the SA Press Club, Mr Xenophon described the behaviour
of chief prosecutor Stephen Pallaras, QC, towards victims of crime and
their families as "an insult". He called on Attorney-General Michael
Atkinson to instigate "decent, robust, independent" scrutiny of the
DPP's decision-making.

Mr Xenophon said Mr Pallaras needed "to be kept on his toes" and should
be forced to answer questions about the way he prosecuted some cases.

He suggested former Kapunda Road Royal Commissioner Greg James, QC,
would be ideal to conduct an independent inquiry.

Mr Atkinson, who attended the forum, said later an organisational
review of the DPP's office was underway.

He said the DPP's office had emerged "unscathed" from Mr James' inquiry
into the hit-run death of cyclist Ian Humphrey. Asked about the status
of Solicitor-General Chris Kourakis's recommendation he appoint an
independent counsel to provide advice independent to the DPP, Mr
Atkinson said: "I'm thinking about it."

Mr Humphrey's widow Di Gilchrist, who attended yesterday's lunch,
supported Mr Xenophon's call. "There needs to be some radical changes
in the way cases are prosecuted," she said. "Victims are not
represented. They are treated as secondary items in the process." Mr
Pallaras refused to comment.


--
cfsmtb

Not guilty plea on conspiracy
http://www.news.com.au/story/0,10117...3-1702,00.html
From: AAP. May 24, 2006


A PROMINENT Adelaide lawyer and his brother have pleaded not guilty to
charges of conspiracy to pervert the course of justice.

Lawyer Eugene Norman McGee and his brother Craig Patrick McGee entered
their pleas in the Adelaide Magistrates Court today after the court
refused to accept their argument the case should be struck out because
the prosecution had not provided adequate detail about the charges.

It is alleged the men obstructed a police investigation into Eugene
McGee's involvement in a hit-run crash in 2003 that killed a cyclist.

Eugene McGee was charged over the crash and fined $3100 and
disqualified from driving for 12 months.

He received the penalties after being found guilty of driving without
due care on the night he hit and killed cyclist Ian Humphrey, before
fleeing the scene.

A subsequent royal commission found the lawyer and his brother returned
to the scene a short time after the collision but, when stopped at a
roadblock, did not identify themselves to police, resulting in the
perverting justice charges being laid.

If convicted, the McGees each face a maximum of four years jail.

The matter will return to court in August.


--
cfsmtb

cfsmtb Wrote:

If convicted, the McGees each face a maximum of four years jail.
The matter will return to court in August.

I personally think this is awesome they are going to trial, however, if
they do get found guilty what are the chances of them actually going to
jail ?


--
MikeyOz

cfsmtb Wrote:
Not guilty plea on conspiracy
http://www.news.com.au/story/0,10117...3-1702,00.html
From: AAP. May 24, 2006


A PROMINENT Adelaide lawyer and his brother have pleaded not guilty to
charges of conspiracy to pervert the course of justice.

Lawyer Eugene Norman McGee and his brother Craig Patrick McGee entered
their pleas in the Adelaide Magistrates Court today after the court
refused to accept their argument the case should be struck out because
the prosecution had not provided adequate detail about the charges.

It is alleged the men obstructed a police investigation into Eugene
McGee's involvement in a hit-run crash in 2003 that killed a cyclist.

Eugene McGee was charged over the crash and fined $3100 and
disqualified from driving for 12 months.

He received the penalties after being found guilty of driving without
due care on the night he hit and killed cyclist Ian Humphrey, before
fleeing the scene.

A subsequent royal commission found the lawyer and his brother returned
to the scene a short time after the collision but, when stopped at a
roadblock, did not identify themselves to police, resulting in the
perverting justice charges being laid.

If convicted, the McGees each face a maximum of four years jail.

The matter will return to court in August.
McGee to Mcgee.. "Charges?...you mean evading the law after killing
someone and trying to ensure no breath test could be held is doing
something wrong?..."
McGee to McGee "yeah, no worreez bro...!....we cant be held in the
wrong for anything, remember one of us is a lawyer mate..and the other
one of is a blood relo. so, just as immune...let's go and get
****ed!...this will blow over...and the DPP, cant give a fig about
prosecuting us anyway...just that bloody Royal Commission charade crap
we had to go through was all a waste of good drinking money"..."where's
the keys to 4WD, I feel like a long lunch, a few jugs and wild drive
home..let's go bro...your shout "


--
rooman