Channel 7 Today Tonight (Adelaide)

Eugene McGee Sentencing - 28 April 2005

This version of the transcript has been edited by Dr Robert N Moles

In order of appearance

Leigh McClusky, Presenter
Karen Chandler, Former Spouse of Scott Aitken
Nick Xenophon, Independent MLC
Graham Archer, Producer and Interviewer
Graham Humphrey, Brother of Deceased Ian Humphrey
Mike Rann, Premier
Tony Zisimou, Witness
Hayley Aitken, Daughter of Scott Aitken
Robert Lawson, MLC and Shadow Attorney-General

Program

Leigh McClusky

But first tonight, community outrage as hit-run killer Eugene McGee walks free from court. Now if you can't understand why this Adelaide solicitor isn't behind bars tonight, you are certainly not alone. But instead of jail, the prominent legal figure who wasn't breath-tested and who left a cyclist to die on the side of the road has lost his licence for twelve months and faces a $3,100 fine. Now Ian Humphrey's family is devastated, not just by the loss of the loving husband and dad to two small children, but by a justice system that once again seems to have missed the meaning of the word 'justice'. And even though the government has made mutterings about looking into the McGee case, as Graham Archer reports, the real question is just how independent any review will be.

Karen Chandler

I guess what I want to come out of it is that we can change something so this doesn't happen to other people.

Nick Xenophon

This is a dark day for justice in South Australia. The question has to be asked, how different would the outcome have been today if all the facts were placed before the court at the trial, and that can only be answered, I believe, with an independent inquiry.

Graham Archer

Oddly enough, the tongue in cheek phrase of an American baseballer seems to be the only appropriate line to describe what's happened in the District Court of late – “Déjà vu all over again.”

Karen Chandler

Over the last four years my experience with the judicial system is that it's not about justice - it's not about finding out the truth.

Graham Humphrey

The laws have to change, because there's too many families that walk out of here without any justice whatsoever. We're not the first family.

Graham Archer

The Chief Judge of the District Court - Terry Worthington - this afternoon fined criminal defence lawyer Eugene McGee just over $3,000 and took away his licence for a paltry twelve months.

Graham Humphrey

A footballer can get a bigger fine for having a scrap on a footy field over the weekend. Like I said before, Mr McGee goes home and I get to go to the cemetery. If you call that justice, I'm sorry, but I don't.

MikeRann

There could not be anything more cowardly than someone who would leave someone that they've knocked down by the side of the road to die.

Graham Archer

McGee pleaded guilty to the lesser charge of ‘leaving the scene’ after he struck and killed SAPOL [South Australian Police] employee and father of two, Ian Humphrey, on the Kapunda to Gawler road in November 2003.

Nick Xenophon

It beggars belief that Mr McGee wasn't breath-tested. That's something the family can't understand and they want an explanation.

Graham Archer

The court case has been filled with controversy. Both the family and ‘no-pokies’ MP, Nick Xenophon, have expressed shock at both what has been admitted as evidence and failures in the law in dealing with accidents, possibly where alcohol is involved, and over aspects of the police investigation.

Court Transcript

Could you just tell the court why it was that you didn't take a blood sample from the accused on the night of his arrest?

Yes, I wasn't fully au fait with the new legislation. As well as that, we were under a fair bit of pressure that night, and so I didn't. The other reason I would give is we were short-staffed that night and it was not something that I considered at the time.

Graham Archer

Questions have also been raised as to why the senior crash investigator, Sergeant Hassell, didn't push the matter further after admitting to the Prosecutor, Peter Barnett, that he smelt alcohol on McGee's breath after his arrest.

Court Transcript

In relation to the smell of alcohol, when was it that you first made note of it?

Look, I really don't recall, but I will stick by my submission that there was an odour of alcohol.

Graham Archer

Then there's Tony and John Zisimou, possible witnesses that were never called to give evidence.

Tony Zisimou

Things might have been different had we had the chance to say what we know, what we saw and what we tried to say.

Graham Archer

There are also serious questions over apparently inadequate evidence called from other witnesses, and the inadmissibility of evidence of post traumatic shock in a case which was totally about the actions of McGee before he killed his victim.

Robert Lawson

The investigation of this crime and its prosecution has given rise to very serious questions and concerns.

Graham Archer

As we've pointed out many times, there are other number of cases which on their own are worrying enough, from van Beelen to Keogh, to Schmitt and Nemer but, when taken collectively and in the context of the conduct of the former DPP, they demonstrate just how in need an independent review the whole shambles is. So far, the government's response has been all talk - oh - and shoot the messenger.

Statement From Premier

[On 8 July 2003] Today Tonight has a clear belief that the justice system in South Australia is somehow fatally flawed, and has set about building a case to vindicate its theory which appears to have become a personal crusade of the program's Graham Archer. The program has failed to inspire any other media in South Australia to follow their cause.

Graham Archer

Who knows, the other media may by now find that a bit of a slap in the face but, be warned, the Attorney-General's words about the McGee case have a shatteringly hollow sound when you consider his appalling handling of the Aitken case after lawyer Scott Aitken crashed off a cliff, killing two of his children, and walked away with a $500 bond. First, the big promises from the Premier.

Karen Chandler

He was very supportive and he told me he would pass the matter on to the Attorney-General to have a look at the case and also to report directly to me and back to him.

Graham Archer

In the context of what the Attorney-General was about to do, the Premier's promises amounted to little more than cruelty to a family who'd suffered a crippling loss of faith already.

Karen Chandler

After going to your program, Today Tonight, I finally feel as though we're getting answers.

Graham Archer

But this was never going to happen. All Hayley Aitken and her mother, Karen Chandler, got, was to be sent back to meet with the DPP, the very office they believed had betrayed them in the first place. Despite their hopes, an independent review was never on the AG's radar.

Hayley Aitken

I think an independent look at it is the best way to go. Yeah, so it doesn't have to go through the same people and the same system, and that would mean somebody owning up to something, and I don't think anybody wants to do that, we want someone outside the system so as to have a have a fair look at it.

Graham Archer

Throw it open?

Hayley Aitken

Exactly.

Graham Archer

The go-between was this bloke, Michael O'Connell, a former police officer whom Atkinson had previously used to dig up non-existent dirt on pathologist Tony Thomas for speaking out in the Keogh case. Let's hope the Humphrey family don't face the same fate.

Graham Humphrey

No, this will never be closure. This is just an insult. I mean my brother's life is more than $3,000 I can assure you it is.

Leigh McClusky

Just an incredible decision today.

Top of Page