A travesty of justice in South Australia

Senior Adelaide criminal lawyer Eugene McGee has a lot of experience in drink driving cases. It showed in the way he has managed to avoid going to jail. Driving after a long lunch, Mr McGee hit a cyclist but, instead of stopping to help, he fled the accident, leaving the victim, who died. And he did not go to the police for another six hours, long after the time limit for blood alcohol tests had expired. It was disgraceful behaviour by a lawyer and former policeman, a man who knew the rules. A jury found Mr McGee not guilty of causing death by dangerous driving, although they did convict him of a lesser driving offence. Mr McGee had already pleaded guilty to leaving the accident but while his crimes can carry a jail sentence, Mr McGee walked free. The only penalties Chief Judge of the District Court Terry Worthington imposed were a $3100 fine and a 12-month driving ban. Mr Worthington was obviously impressed by expert evidence from a psychiatrist who said Mr McGee's work as a policeman and as a lawyer in the Snowtown mass murder case led him to suffer post traumatic stress disorder. This condition triggered a dissociative state when he fled the accident.

It is hard to imagine a better outcome for Mr McGee and a worse one for everybody who fears for the credibility of our courts. A man is dead but a member of the lawyers' club has has walked free, save for the most trifling of penalties. Mr McGee knew how the system worked and he worked it well to make his case as strong as possible. Keeping clear of the cops until his blood alcohol reading could not be tested reduced the risks he faced. That an expert opinion suited his circumstances does nothing to reduce community concerns, however misplaced, about professionals who appear to support parties in a case. The Australian does not offer an opinion on the suitability of the sentence imposed by Mr Worthington. Melbourne magistrate Jelena Popovic and her Sydney colleague Pat O'Shane have won six-figure sums in defamation suits following criticism of their professional performance, reflecting a distaste for frank comment in our legal community. But while the McGee case was undoubtedly decided according to law, it is a cruel travesty of justice.

Above article is an editorial from "The Australian" -- dated 30 April, 2005



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