An email I sent to Nick Xenophon on 8-Dec-2011.

This evening I heard on the news that John Rau MP, Attorney-General, has declared the McGee case closed. Rau stated that he is legally prevented from doing anything further.

Today you were interviewed by Channel 7, saying that Rau appears incorrect, according to your understanding of section 82. Would you please provide me with the document title and wording of section 82.

I intend to post your response on Adelaide Cyclists forum (2044 members), then discuss if anyone wants to write to Rau and other pertinent politicians. And/or draft a petition.

As a cyclist with cycling friends, I can relay that the lawyer who did a hit-run on a cyclist who died, is unpopular with some cyclists. Although of course I cannot speak for all cyclists.

Link on AC group Look For Cyclists at

http://www.adelaidecyclists.com/group/lookforcyclists/forum/topics/legislation-1

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As road users, we should be furious. We should be knocking on every cop station for every incident which has not been given the light of day because it involved a cyclist. It is a disgrace. How this poor excuse for a human being can walk free with a $3000 dollar fine... it is a joke. I have no faith in the justice system. I hope this disgraced individual is hounded not only by his own thoughts but others in the street for the rest of his life.

He does not deserve peace of mind, that is what his widow deserves... or at the very least, some respect.

No justice here.

[comments removed for legal reasons]

McGee should have been given several years incarceration.

But not listed on the SA Bar Association - http://www.sabar.org.au/search_new.php  -- supposedly still a lawyer .. ?

Oh, okay, from SA Bar..

who have agreed to their details being made available

Gutless as well.

If the reader is interested the psychiatrist's evidence at trial can be read here.

And equally there are many accounts of soldiers who have dissociated in the face of combat and then have behaved in ways that have put themselves at significant risk because they lose their ability to organise their behaviour in the most appropriate way.

Like a soldier in the face of combat? Well he organised his behaviour, but he just did not do the right thing.

There is a dead rat in the closet somewhere.

You have to ask yourself if it was a general member of the public without the legal/police contacts would there have been the same outcome?

Some other members of the public do flee accidents but usually turn themselves in due to their conscience or are found by the police however in this case he knew the law down pat, he knew if he waited he wouldn't blow over as much and in my opinon, had no conscience. Disgusting. Makes my skin crawl.

If I did the same thing I'd be in jail!

Now you would, because of him they changed the law. Before that you could obviously hit and run and get away with it!

It is a disgusting disgrace!

He should go to jail for a very long time.

Earlier this year, I was hit by car on my elbow and handle bar - fortunately only by the mirror on the LH side of the vehicle and I did a massive wobble, but managed not to go down.  It happened in peak hour traffic as we took off at the lilghts on Daws Rd/South Rd intersection.  

The female driving did not give any space, let alone the required "metre" that matters.  It made a big noise - I think the mirror snapped back or something.  I saw her look in the rear view mirror, but she kept going.  I couldn't take the number, because it was peak hour and all the other cars were tailgating to get across with the light, so the other cars blocked my view as they all rushed past.

I watched up ahead to see where she would stop.  We had just had an accident.  My elbow was hurting, but I kept riding to see where she would stop.  At the first left turn road, nobody pulled around.  At the following driveways, same thing. I was shaken, but kept riding, thinking that was the end of it and that she had got away with it, when I saw what I thought was a similar vehicle pull into a business way, way up the road.

As I got level with the business, I saw the driver parking next to a building.  I recognized her and went up to her and said, "You hit me."  

She just said "I was there first!" Followed by "I only hit the handlebar."  I told her that in fact she had hit my arm as well.  She did not ask if I was OK.  She was obviously annoyed that I had spoken to her.

I asked for her name, address...etc  She would not give it, until I got out a note pad and started to write down her car rego etc.  Then, she finally told me her details.  Straight after work I reported it to the police and they said that she would receive a phonecall or visit from them because she left the scene of an accident.

I was lucky, I only had a bruised arm and a scare.  It is obvious motorists think cyclists don't matter and that it is easy to drive away from the scene of an accident, no matter how big or small.

Ex-cop now lawyer...

This is a terrible reoccuring story but I must advise here that there are certain facts that must be adhered to and anything else I will remove for legal reasons. To summarise

  • McGee hit and killed Mr Humphrey on Kapunda Rd
  • He left the scene and then evaded police and alcohol testing before handing himself in hours later.
  • He was fined $3100 for driving without due care.
  • The Legal Practitioners Conduct Board said this year Mr McGee was not guilty of infamous conduct and could continue practising.
  • The SA Attorney General says he will not refer

    it to the Legal Practitioners Disciplinary Tribunal for further action.

He was not found guilty of anything else and this is what I have to stick to.

Cant the widow sue him personally ? 

A while back I saw an advertisement for Eugene McGee's legal expertise. Today I searched again but could not find, so cannot repeat in case I am wrong. However, here are some links I found.
1. Government unable to move against lawyer McGee – ABC News 9-Dec-2011 – http://www.abc.net.au/news/2011-12-08/eugene-mcgee-lawyer-practitio...
2. Hit-run lawyer toasts freedom – Adelaide Now of 9-Dec-2011 – http://www.adelaidenow.com.au/ipad/hit-run-lawyer-eugene-mcgees-cas...
3. Atkinson supports hit-run widow – Adelaide Now of 9-Dec-2011 – http://www.adelaidenow.com.au/atkinson-supports-hit-run-widow/story...
4. News Australia 8-Dec-2011 – includes some links that I have not read – http://www.news-australia.com/news/government-unable-to-move-agains...
5. Posted 8-Apr-2011 – http://www.adelaidecyclists.com/forum/topics/so-very-wrong
6. Posted 19-Mar-2010 – http://www.brisbanecyclist.com/forum/topics/has-justice-really-been...
7. Wheels of Justice – http://www.woj.com.au/?s=Eugene+McGee&paged=2
8. Includes purported timeline of a fateful day – http://en.wikipedia.org/wiki/Kapunda_Road_Royal_Commission
8. Extracts from Report of the Kapunda Road – http://www.sa.gov.au/upload/franchise/Crime,%20justice%20and%20the%...

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