Kapunda Road Royal Commission
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The Kapunda Road Royal Commission is a royal commission created by the Government of South Australia to inquire into the circumstances surrounding the hit and run death of Ian Humphrey and the circumstances around the trial and conviction of Eugene McGee. The Royal Commissioner is Greg James QC. The first hearing of the Commission was on 12 May 2005 and the report was scheduled to be delivered on 20 June 2005.
Charges for perverting the course of justice have been made against the McGee brothers. They are being represented by Lindy Powell QC and John Lister.
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[edit] Background
Ian Humphrey was riding a bike on Kapunda Road, north of Adelaide, when he was struck by driver Eugene Mcgee, an Adelaide barrister, at night on 30 November 2003. McGee did not stop or render assistance. At his trial McGee was acquitted of causing death by dangerous driving, but convicted of the lesser offences of driving without due care and failure to stop and render assistance following an accident. This was due to psychiatric evidence being presented in court mitigating McGee's actions. He was fined $2,300 (discounted from $3,000 because of a guilty plea) and was disqualified from holding a driver's licence for twelve months.
However, there was controversy over this conviction and also the alleged reluctance of prosecutors to present evidence from two witnesses to McGee's driving earlier in the evening, Tony and John Zisimou. There are also alleged anomalies concerning the behaviour of police in not breath testing McGee and the opportunity that major prosecution witness Tony Felice had to give evidence.
Groups supporting cyclists and victims of crime groups staged a number of protests against the decision of the court and the Government created the Royal Commission.
[edit] Terms of Reference
- Why the investigating police did not ask or require Mr McGee to submit to a breath analysis test or blood test and did not apply for orders that such tests be conducted under the Criminal Law (Forensic Procedures) Act in order to determine Mr McGee’s blood alcohol concentration.
- Whether the principal witness, Mr Tony Felice, was given a proper opportunity to give evidence about his observations of Mr McGee’s driving immediately before the collision generally and on the defence case that McGee was attempting to overtake Mr Felice from a position about 25 to 30 metres to the rear of Felice’s car.
- Whether Mr Tony or Mr John Zisimou provided information to the police about the manner of McGee’s driving prior to and following the collision.
- Why the decision was made not to call Mr Tony or Mr John Zisimou or both at trial.
- Whether it would have served the interests of justice for the prosecution to lead, at trial, evidence in rebuttal of the psychiatric evidence presented by the defence.
- If the answer to the preceding question is yes why that evidence was not presented. In particular, was there an adequate opportunity for rebuttal evidence to be presented.
- Whether it would have served the interests of justice for the prosecution to present expert psychiatric or other evidence on the sentencing hearing to support it’s submission that the Court should reject the explanation given at trial for Mr McGee’s failure to stop and give assistance.
- If the answer to the preceding question is yes why that evidence was not presented. In particular, was there an adequate opportunity to present that evidence.
[edit] Proceedings
Evidence was heard from lawyers involved in the trial, respected psychiatrists, police officers, witnesses and members of the McGee family. Members of the public also made submissions.
[edit] Participants
South Australians became familiar with the devastated family of Ian Humphrey, particularly his articulate widow, Diana Gilcrist-Humphrey. Nick Xenophon, a member of the South Australian Parliament, also lobbied for her support.
Several lawyers were prominent throughout the Commission's hearings, and made recommendations for reform in relation to certain aspects of the law which dissatisfied the public.
David Lovell QC, now a South Australian District Court judge, represented the embattled legal team who prosecuted the case in the first instance.
Rick Halliday - represented the South Australian police.
Malcolm Blue QC, Head of Bar Chambers - represented Eugene McGee.
Michael Birchall - played a prosecutor's role, and made many public interest submissions, seeking an explanation for the result of the trial on behalf of Ian Humphrey's devastated family.
Peter Humphries, a well-known Adelaide solicitor, made many statements on behalf of the family in the media.
Many also made minor submissions. They included:
Chris Kourakis QC, Solicitor-General of South Australia - represented the Attorney-General.
David Howard, David Peek QC and Stuart Cole - represented individual police officers.
Claire O'Connor - represented the Zisimou brothers.
Martin Hoile, Peter Longson and Ian White - represented members of the McGee family.
Mark Livesey QC and Michael Abbott QC - represented lawyers involved.
Hugh Abbott - represented the questioned Alexander McFarlane.
