Lawyer (only) fined for fatal hit-run

Just as some of us thought, McGee gets a slap on the wrist. How lon
does it take for a lawyer to earn $3K?

$3K for a life, and 12 months of cab charges?

F ing pathetic!

Lawyer fined for fatal hit-run
http://www.theadvertiser.news.com.au...5E1702,00.html
28apr05
A PROMINENT Adelaide lawyer who killed a cyclist in a hit and run an
failed to stop has been fined $3100 and disqualified from driving fo
12 months.

Eugene McGee, a former police officer, sat expressionless as hi
sentence was delivered by Chief Judge Terry Worthington in Sout
Australia's District Court.

McGee, 50, was driving a four-wheel drive vehicle when it was involve
in a fatal collision with father-of-two Ian Humphrey in SA's Baross
Valley in November 2003.

McGee, a lawyer who has acted in high profile criminal cases includin
the Snowtown bodies-in-barrels trials, did not stop at the scene an
was arrested by police some six-and-a-half hours after the collision.

The lawyer was earlier this month acquitted of dangerous driving bu
found guilty of the lesser crime of driving without due care.

McGee had earlier pleaded guilty to failing to stop at the scene of a
accident and failing to render assistance.

Judge Worthington today gave McGee a $2300 fine for the failing to sto
and render assistance charges, and an $800 fine for driving without du
care.

McGee's driving licence was suspended for 12 months on each charge, bu
Judge Worthington said the licence disqualifications would be serve
concurrently.

Earlier today, the widow of the dead cyclist confronted McGee in court
saying she did not hate the lawyer but pitied him.

Giving a victim impact statement during sentencing submissions in th
court, Di Gilchrist told McGee: "You killed my husband."

"I do not hate you, I pity you," she said as she stood about a metr
away from McGee in the courtroom today.

"I wake up in the hope that this has all been a bad dream.

"I would give up all my tomorrows to have one more day with Ian."

McGee told his trial he had been drinking wine at a lunch hours befor
the collision, but did not consider himself affected by alcohol

--
cfsmtb

On Thu, 28 Apr 2005, cfsmtb wrote:

snip
Giving a victim impact statement during sentencing submissions in the
court, Di Gilchrist told McGee: "You killed my husband."

"I do not hate you, I pity you," she said as she stood about a metre
away from McGee in the courtroom today.

"I wake up in the hope that this has all been a bad dream.

"I would give up all my tomorrows to have one more day with Ian."

McGee told his trial he had been drinking wine at a lunch hours before
the collision, but did not consider himself affected by alcohol.



"I do not hate you, I pity you." Well, she's a more forgiving soul than
me. Sure, I pity him, but I hate him too. I hope he tries to drink drive
again and drives himself off a cliff, destroying is 4wd, maiming himself
and hurting no one else.

Tam - angry, angry

"Tamyka Bell" wrote in message
...
On Thu, 28 Apr 2005, cfsmtb wrote:

snip
Giving a victim impact statement during sentencing submissions in the
court, Di Gilchrist told McGee: "You killed my husband."

"I do not hate you, I pity you," she said as she stood about a metre
away from McGee in the courtroom today.

"I wake up in the hope that this has all been a bad dream.

"I would give up all my tomorrows to have one more day with Ian."

McGee told his trial he had been drinking wine at a lunch hours before
the collision, but did not consider himself affected by alcohol.



"I do not hate you, I pity you." Well, she's a more forgiving soul than
me. Sure, I pity him, but I hate him too. I hope he tries to drink drive
again and drives himself off a cliff, destroying is 4wd, maiming himself
and hurting no one else.

Tam - angry, angry

Tam,

Almost always when I see a news report of some hoon who wrapped his car
around a tree (or drove off a cliff) and killed himself, I don't think of it
as a tragedy, but as a good thing which will prevent him from one day
killing some innocent family (or a cyclist). There is no benevolent court
system that will undo the death of such a hoon.

Henry.

On Thu, 28 Apr 2005, hemyd wrote:


"Tamyka Bell" wrote in message
...
On Thu, 28 Apr 2005, cfsmtb wrote:

snip

"I do not hate you, I pity you." Well, she's a more forgiving soul than
me. Sure, I pity him, but I hate him too. I hope he tries to drink drive
again and drives himself off a cliff, destroying is 4wd, maiming himself
and hurting no one else.

Tam - angry, angry

Tam,

Almost always when I see a news report of some hoon who wrapped his car
around a tree (or drove off a cliff) and killed himself, I don't think of it
as a tragedy, but as a good thing which will prevent him from one day
killing some innocent family (or a cyclist). There is no benevolent court
system that will undo the death of such a hoon.

Henry.

I haven't thought of it that way before, Henry,

thanks.

Tam

cfsmtb wrote:
McGee told his trial he had been drinking wine at a lunch hours before
the collision, but did not consider himself affected by alcohol.

But other witnesses saw him driving erratically? WTF?!

McGee: Kill yourself. Thanks.

hippy

Unbelievable, really. I am not surprised, the collusion and corruptio
within the legal profession has once again been exposed for what i
really is. In Tasmania, lawyers ripped off savings funds of olde
people in dodgy mortgage schemes and got off scott free.

In SA it appears that you can bowl over cyclists at will.

This decision is hardly a punishment or a deterrent, so what is it? I
clearly says to any member of the community that if you knock a cyclis
off his bike you are better off to make sure he is dead (at least the
he can't be used as a witness against you), then drive away from th
scene and turn yourself in when you are sure you are sober a few hour
(why not days) later.

If it wasn't so serious it'd be a joke.

Mrs Humphrey showed incredible strength of character. A pity it i
wasted on such a DH as Eugene McGee.

I was so angry I fired a letter off to the Advertiser

--
Spider1977

Spider1977 Wrote:
Mrs Humphrey showed incredible strength of character. A pity it i
wasted on such a DH as Eugene McGee.

I was so angry I fired a letter off to the Advertiser.

If anyone's else is totally appalled by this "decision", click thi
link for media/politician's contact details I posted earlier,
http://tinyurl.com/7mrt

--
cfsmtb

cfsmtb wrote:
If anyone's else is totally appalled by this "decision", click this
link for media/politician's contact details I posted earlier,
http://tinyurl.com/7mrtr

Thanks for the info. Here's the letter I sent.

Hon Michael Atkinson - South Australian Attorney-General & Minister for
Justice
Electorate Office: 574 Port Road,
Allenby Gardens SA 5009
Email:

Dear Mr Atkinson
I regularly ride a bicycle for transport, fitness and recreation. As a
result, I have taken an interest in a case regarding a South Australian
cyclist who was run down and killed by the driver in a four wheel drive
vehicle. My understanding is that the motorist was convicted of failing
to stop and render assistance to the cyclist, not with a more serious
offence which would support the facts of the case. I realise that the
driver was found not guilty by a jury, so the more serious charges were
not proven against him.

My concern with this case is that it appears that cyclists are now fair
game for any motorist who, for whatever reason, acts with disregard to
their welfare. Over the past twenty-five years or so that I have been
using a bicycle, I have been subject to countless incidents of
intimidation, assault, harassment and carelessness by drivers of motor
vehicles. Some people on our roads seem to feel that the larger the
vehicle they are driving, the greater their rights.

I would like to suggest that there should be a fundamental change in the
road law. The onus to give way to others should be changed so that less
protected road users should have right of way over more protected users.
I am not sure exactly how such a law could be formulated, but I feel
that there should be strong criminal sanctions against anyone who is
convicted of a breach. I am sure that it would result in greater respect
for cyclists, motorcyclists and pedestrians.

This year there appears to have been a spate of cyclists killed in
collisions with heavy vehicles. I have been hit by several motor
vehicles over the years and the drivers invariably offer the same
excuse, "sorry, I didn't see you." However, drivers have little trouble
identifying the blue checks on a police officer's uniform, especially
when they are holding a radar gun. I think that the blind spot drivers
have for cyclists comes about because they not looking for them. Perhaps
the human brain functions in such a way as to filter out extraneous
objects and only identify objects of importance.

By making cyclists, pedestrians and motor cyclists important to
motorists, they may become more aware of their presence as part of the
traffic stream. It appears to me that the most important things to
motorists are the things that they can be penalised for doing or failing
to do. So a change in the law that puts cyclists and pedestrians, or for
that matter the drivers of motor cars, higher in the mind of drivers of
larger vehicles, may lead to far fewer serious accidents occurring.

Regards

Peter McCallum

--
Peter McCallum
Mackay Qld AUSTRALIA

cfsmtb Wrote:
If anyone's else is totally appalled by this "decision", click this lin
for media/politician's contact details I posted earlier,
http://tinyurl.com/7mrtr

He could be ruining it for all drivers. (and a good thing too)
Its not just another cyclist being run down and left for dead.
Its a lawyer playing the law to get off lightly.
That's what the mass media is picking up on

--
aeek

Fine of $3100 ..... less than a days pay for a lawyer of hi
"position".

The more I read the more questions are un answered!

When did this "psychiatric condition" and Post Traumatic Stres
Disorder (PTSD) happen, was it a result of the Snowtown case h
prosecuted. If so what medication was he on, should he have bee
driving whilst on that medication, should he have been drinking whils
taking medication?
It appears at this distance that the "prosecution" were less tha
vigorous in following up witnesses and did very little digging. Wha
happened in the "discovery" process before the case.


Sympathy to the family of Ian Humphrey.
His partner sounds like a person who has inner peace. I know m
reaction would be rage.

Just gutted by this dismal affair. When I am less angry and mor
coherent I will send letters to all those on the list from CFSMTB.
Dont know about SA pollies but in Qld an email still just gets treate
as peripheral information. A letter gets a written response, may b
slow sometimes but it happens.

Would like to organise something here in Townsville concurrently wit
other rallies but I am new to this town and dont have many contacts.
Think that I am only poster from here too. More letters I suppose.
Senator Ian Mc Donald will start to think I am a serial nutcase as I a
pestering him often on environmental weeds and alternate energy issues.

Anyone else here from TOWNSVILLE ?

Sad

Hug

--
HughMann