Sam Powrie comments on the McGee case
Photo courtesy of Portland Critical Mass 03: Memorial ride photo essay
'Cyclist at shrine for the slain Orion and Angela and critically injured Caroline'
McGee - Cycle2max.com Forum
Hi folks, People have been wondering what BISA and BicycleSA (yes, there are 2 advocacy organisations in SA!) have been doing about this McGee clown. It's hard to know how to pitch reaction to his conviction when he hasn't yet been sentenced. What is clear is that his punishment won't fit the crime! Here's the text of a letter written to the Advt. tonight.
'When police officer turned lawyer Eugene McGee ran down and killed cyclist Ian Humphrey on the Kapunda road last year, most South Australians would have recalled a previous motorised killing. A banned driver left a pub at Smithfield and ran down a well lit commuting cyclist, dragging him 6km before stopping to discard his body. Pick the difference South Australians!
Both drivers had been drinking. Both hit cyclists they should have seen. Both were driving in a reckless manner. Both killed someone travelling 60 or 80km/h slower! Both fled the scene, hoping to get away with their crime. In both cases it appears fitness-to-drive was open to question! The banned driver got 6 years while lawyer and prosecutor McGee will probably escape with a fine and loss of licence. Hard to understand isn't it?
How did McGee, sitting high in his 4wd, miss seeing someone dressed in bright yellow directly in front of him! Did he think about 'sharing the road'? Did he consider the 'give cyclists a metre' rule? Did he consider the certainty of death for any cyclist hit at over 60km/h? Did he ever think about the deadly missile he was piloting home from the pub? Did he think at all?
Cyclists are about 5 times more likely to experience serious injury on the roads than drivers. Yet it is not cycling that is dangerous! It is not the bike that injures or kills! South Australia needs to wake up to this. Both the task of driving and the safety of cyclists need to be treated with the greatest respect! McGee is yet to be sentenced. Will his punishment fit the crime? Probably not! Perhaps the most appropriate outcome would be loss of licence for life. Condemned to ride his bicycle. Perhaps then he might appreciate and respect the cyclist's point of view!'
Sam Powrie, Chairperson, Bicycle Institute of South Australia.
Never forget the Andrew Watkins case either (click this link, scroll down to article). Never let another an appalling legal miscarriage of justice like this ever happen AGAIN. More from Cycle2Max Forum - Cyclist protest planned for this weekend in Adelaide. I was previously attempting to commence this varied cycling roundup on a cheerier note, but unfortunately, the roads of Victoria have claimed another cyclist. shit
UPDATE: SA Police Report on Andrew Watkins death. Be warned, this is disturbing.
Returning on the recent subject of hit-run drivers: Crackdown on hit and run drivers in Victoria
Back home now to the crackdown on hit-and-run drivers in Victoria. The Victorian Government has today has announced the toughest penalties in Australia for drivers who leave an accident where someone is injured or killed. The maximum penalty for the offence will increase from two to 10 years in jail.
Ok, ok, we must follow due process in a civil society, but currently entertaining thoughts of bringing back public stocks. Rig 'em up using old railway sleepers next to either the Queen Vic, Preston Market or Gleadell Street. Purchase a bag of unripe Granny Smiths & happily aim & piff. A possible fantasy catharsis, but not true due process for spivs like Eugene McGee.
posted by cfsmtb at
5:01 PM
6 Comments:
Another update on the Eugene McGee case:
New hit-run claims to be checked
22apr05
http://www.heraldsun.news.com.au/common/story_page/0,5478,15048807%255E1702,00.html
ALLEGATIONS that crucial evidence was not presented in the trial of a prominent criminal lawyer would be investigated, the South Australian Government said today.
Lawyer Eugene McGee was last week acquitted of dangerous driving involving the death of a cyclist, Ian Humphrey, but found guilty of the lesser crime of driving without due care.
McGee, 50, had earlier pleaded guilty to failing to stop at the scene of an accident and failing to render assistance.
Tony Zisimou, a witness to the incident, said on ABC radio today that he saw McGee driving erratically in the moments leading up to the fatal crash in SA's Barossa Valley in November 30, 2003. (more in article)
By
cileo, at 12:36 PM, April 22, 2005
Death-drive witnesses 'not wanted'
April 22, 2005
From:
DAMNING evidence from key witnesses to the hit-and-run death of cyclist Ian Humphrey was never heard by jurors because the witnesses - two brothers - claim they were told they were not needed in court.
High-profile criminal lawyer Eugene McGee was acquitted of causing death by dangerous driving by a District Court jury last Friday. Yesterday, Tony and John Zisimou, of Gawler, said that McGee, 50, was "driving erratically" and "driving like a maniac" before he collided with Mr Humphrey on the Thiele Highway on November 20, 2003.
Mr Humphrey's brother, Graham, last night said: "Now that this information has come forward, the Attorney-General's Department has got to look at it. Somebody has to look at it."
After hearing their claims, Premier Mike Rann sent copies of a television interview to Attorney-General Michael Atkinson, who subsequently forwarded it to Acting Director of Public Prosecutions Wendy Abraham, QC.
"I want to know, and I am sure the public want to know, why it is this man was asked to give evidence and then suddenly at the last minute they changed their mind," Mr Rann said.
Ms Abraham said the statements given yesterday by the brothers "differ dramatically from statements that they originally gave to police". She said she had reviewed the original statements made by the brothers to police and was satisfied with the prosecution's course of action.
The trial was prosecuted by an interstate lawyer, Peter Barnett from the New South Wales DPP, because of McGee's prominence in the SA legal fraternity.
"In their original statements to police, the brothers do not mention having seen McGee's vehicle before it hit and killed cyclist Ian Humphrey," Ms Abraham said.
However Tony Zisimou, 39, said his statement had not changed since the night of the accident.
He had seen McGee drive past before the collision occurred, and estimated McGee was travelling at about 160km/h when the collision occurred, he said.
"We know what we saw and what we didn't," Tony said. He said he had witnessed the 4WD "driving frantically" and swerving all over the road.
John Zisimou, 41, was a passenger in the car at the time, but did not look up and see the 4WD.
"We were driving from a friend's house," Tony told The Advertiser. "It was a beautiful, sunny afternoon. We drove up to the T-section and have seen this 4WD drive past, driving like a bloody nutcase.
"As we pulled up, we have seen this little Italian guy waving on the road frantically, going off his head, saying 'keep going, keep going, someone has been killed'.
"I looked in the distance and could see this 4WD in the distance.
"I said, 'John I will go catch this guy' and he said 'no, we have got to help this person'.
"My brother said he was dead and then I said 'I have to catch him' and John said, 'don't, because you will be leaving the scene of a crime and someone else might end up dead'."
Tony said his biggest regret was not following McGee. "He was driving erratically, all over the place, driving like a maniac," he said.
Both brothers spoke to the police on the night of the accident and were interviewed by police at their home several days later.
They were initially asked to give evidence in court, but on the day they were due to appear, were told they "won't be seen today". The next day, when they were about to leave, they were called and told "you don't need to give evidence, it is closed, we won't be needing you".
Tony said he was then "dumbfounded" when he read the verdict in The Advertiser.
"How can you run somebody over and kill them and drive on past and cop a $1200 fine for it?" he said.
"I want to see justice done, I want to see it served correctly, I don't want to manipulate the court."
Tony said they decided to come forward as "our consciences were saying we have got to do something, this isn't right".
The brothers were frustrated they were not called to give evidence.
"We were told how important our information was, going on the fact that my brother had seen him," John said. "We had so much information, we were told it was crucial and now they don't want to know about it."
Before his trial, McGee pleaded guilty to failing to stop and render assistance. He will face court again on April 28 for sentencing submissions on his convictions for driving without due care and failing to stop and render assistance.
By
Anonymous, at 3:12 PM, April 22, 2005
Bastard
By
Anonymous, at 9:49 PM, April 28, 2005
THE NEED FOR SPEED by Eugene McGee
http://www.policejournalsa.org.au/0008/18a.html
By
Anonymous, at 9:53 PM, April 28, 2005
"We all all equal before the law". . . yeah, right!
By
Anonymous, at 12:17 AM, April 29, 2005
This case is wrong on SO many accounts. Three people order three bottles of wine for lunch and he claims he was not under the influence. When his vehicle was examined more than six hours after the 'accident', a police officer noted that the inside of his car stank of booze. Despite this, they didn't take a blood alcohol reading or even breath test him. Is this because he's an ex-cop? From the description of the accident, I can see how it is possible for a motorist not to see a cyclist shielded by a car that was about to be overtaken. But how fast was McGee (or should that be Magoo - the BLIND drunk) going that he needed to overtake anyway? And how impaired by the alcohol was his judgement, that could have made the difference in reaction time between life and death? And then we have a series of actions that are admissions of guilt in themselves. Such as making several phone calls to a lawyer mate who happens to specialise in drink-drive cases. These are NOT the actions of someone in a state of post-traumatic stress and dissociation. They are the actions of a selfish and guilty coward. And let's remember that this guy has been busted SEVERAL times in the last few years for speeding. It is scary to think that in just 12 months he'll be behind the wheel of his killing-machine again. I hope he and his family suffer many sleepless nights. My deepest sympathies go to the victim's family. To you fellow cyclists everywhere - solidarity.
By
Anonymous, at 6:11 PM, May 01, 2005
Post a Comment
<< Home