cfsmtb in low earth orbit

Saturday, April 30, 2005

In low earth orbit around South Australia

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Parachilna Gorge

Was considering this morning, due to the overwhelming amount of South Australian content on my blog I should re-name it "in low earth orbit around South Australia". Despite the fact I'm based in Melbourne. And originally from Tasmania. Oh well.

Bert from Adelaide-based bike-blog: pushies,pasta & protest just dropped by the email inbox let us know of his presence on the internet, "The lurid, lucid rants and photos of a caffeine addled adelaide ex-bike courier, now just a uni bum who races mountain bikes and tries to eat a lot". Yes, many of us can related to that, right now I'm cooking up a late lunch, mainly consisting of spirali!

For those who came in late, my partner is on the epic Bike n' Wheels Expedition from Spencer Gulf to Northern Territory. Today they're heading out from a rest day at Angorichina to Beltana Station.

Hi Sweetie,
Extra slow net con here, dial up thingo. Harry can be a bit of a Lad I recon. Just give him a talking to. Glad the market thiny is happening. I thought they would jump at it. I'm looking forward to getting down there on market day, bikes & pancakes, can't lose. Say Hi to all at Goat etc. Got to go. Rest day V good. Lotsa bike work but beer for wrenching is good. Could rain tonight, hope not it's OK with the tail wind. Cooler too
Love xxx


Todays weather observations north of Beltana: Latest Weather Observations for Leigh Creek NB: The market stuff is a plan for the local Farmers Market. I'll blog about that later when more details are at hand. Harry is my cat, currently terrorising Cleo, his cat. Bloody feline pecking order! Courtesy of b3ta, peruse kittenwar.com Watch the fur fly (um, er, not really)

Day 5 to 7 - Angorichina to Marree
Parachilna Gorge is a dirt road roller-coaster with numerous shallow water crossings. Back on the sealed road, Beltana is our overnight camp (55km). Next day rolls through Leigh Creek and Copley, passing the big coal mine to Lyndhurst (65km). Next morning visit Talc Alf, the Aboriginal ochre pits and we’re on to Marree, famed for the Afghan camel trains and Ghan Railway.

Now, unfortunately back to recent events in Adeliade,


It's like my Ian being killed all over again
A heartbroken and 'emotionally drained' Diana Gilcrist-Humphrey is branding the sentence given to lawyer Eugene McGee as the equivalent of her husband being 'killed all over again'. In a written statement to The Advertiser, Ms Gilcrist-Humphrey said she felt 'numb' that McGee - who admitted fatally hitting her husband, cyclist Ian Humphrey - had walked from the District Court with a $3100 fine and a 12-month driver's licence suspension. 'The judgment delivered (on Thursday), like so many other milestones within this case, has been the equivalent of having Ian killed all over again,' Ms Gilcrist-Humphrey said. 'The enormous support of the South Australian public touches my severely broken heart.

'It is so reassuring to know that the decision of the court does not reflect the values of the community.

'At this time, I consider that it is inappropriate for me to make further comment on the specific aspects of the case. 'As I am sure you will all understand, at the moment I am feeling incredibly emotionally drained, physically exhausted and numb.' Her comments were made as Premier Mike Rann announced an independent judicial inquiry into how the case was handled. A retired interstate judge or QC will be asked by the State Government to hold the independent inquiry. Mr Rann announced the move after hours of consultations with legal experts and political advisers. Full details of the inquiry will be announced next week when Parliament sits in Mt Gambier. Mr Rann said key questions to be examined by the inquiry.

Diana, we're all here, standing right here with you.

3 Comments:

  • Big hugs to Diana.

    I only found out yesterday what a "blog" was and this is wonderful - almost like a community notice board.

    Thx to Ms C for keeping tabs on the McGee case!

    By Anonymous Jane, at 8:49 PM, April 30, 2005  

  • The Advertiser: Trials derailed - Rofe warning
    FORMER DPP Paul Rofe, QC, has weighed into the Eugene McGee case, saying he warned the State Government of flaws in the legal system that were allowing defendants to escape convictions in major crimes. He specifically referred to rules that allowed defence teams to call expert witnesses with little or no notice. "It's derailed quite a few trials," Mr Rofe said yesterday. "Psychiatric evidence can be used to absolve the defendant of responsibility. "It's hard to find someone to contradict that evidence when you've only had a day's notice."

    Premier Mike Rann will today announce that the powers of a royal commission are among many options Cabinet will consider as part of an inquiry into the trial of lawyer Eugene McGee, the hit-run driver who killed cyclist Ian Humphrey in November, 2003. Mr Rofe agreed with legal observers that the evidence of psychiatrist Professor Sandy McFarlane was pivotal in McGee's defence of the charge of causing death by dangerous driving. Prof McFarlane told the jury McGee would have been "dissociated" from the events that followed the hit-run. Mr Rofe said his office had made submissions to the courts and to government over the past three years, asking for a change to the way expert evidence was introduced.

    "Experts statements should be part of the pre-trial process, not sprung on a prosecutor," Mr Rofe said. He said submissions made to the Government for changes to the Evidence Act and the Criminal Law Consolidation Act were rejected in favour of an approach to the Criminal Courts Committee which sets down guidelines for evidence. No change has been made. McGee was acquitted by a jury on Friday, April 22, of the charge of causing death by dangerous driving. But he was found guilty of the lesser charge of driving without due care and he had already entered a guilty plea to failing to stop after an accident and render assistance. On Thursday, he was fined a total of $3100.

    Meanwhile, Mr Rann will announce more details today about the special legal powers that will be made available to confer on an interstate judge or former judge as part of the McGee inquiry. "A number of options are available, including passing special legislation to require witnesses to give evidence to the inquiry or giving the inquirer the powers of a royal commissioner," Mr Rann said.

    "Ultimately, it will come down to what powers the inquirer feels they need to do their job as thoroughly and as quickly as possible." The judge is expected to be named by the Government during a special week-long parliamentary sitting in Mt Gambier. The State Government also will introduce legislation for a tenfold increase in penalties for hit-run drivers. Independent MP Nick Xenophon questioned last week the performance of the prosecution after two witnesses came forward complaining about the treatment of their evidence.

    Attorney-General Michael Atkinson also asked for an investigation into the DPP's handling of the case. DPP spokeswoman and managing solicitor Pauline Barnett said the use of a "senior New South Wales barrister" was appropriate in the circumstances. Peter Barnett was chosen by NSW DPP Nicholas Cowdery, QC, after a request from then-DPP Paul Rofe. "He's a Deputy Crown Prosecutor, one of just 15 in NSW; he's a very senior man in criminal prosecutions who handles major Supreme Court matters," Ms Barnett said. Responding to questions raised in last week's Sunday Mail, Ms Barnett also confirmed the matter was overseen by Wendy Abraham in her capacity as Acting DPP and she was satisfied with how the trial was handled.

    Mr Barnett, a barrister since 1980, has returned to his Newcastle office. He said he would not comment on the trial.

    By Anonymous cileo, at 3:35 PM, May 01, 2005  

  • The Australian: Editorial: A travesty of justice in South Australia

    (scroll down for article)
    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

    By Anonymous cileo, at 3:37 PM, May 01, 2005  

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