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The Law Eugene McGee

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Professor Sandy McFarlane from Adelaide University said McGee's behaviour was influenced by Post Traumatic Stress Disorder which he suffered because of horrific experiences in his former career as a police officerand also because of the evidence he dealt with in the Snowtown trials.
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Hmmm, I wonder how long it will be before an ex con runs with this for treatment recieved in prison?

Surely Tony Mokbel was suffering PTSD when he scarpered to Greece?

The possibilities are endless.
 

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jo172 said:
Utter Bullshit.

He's only been President for 3 months ...:rolleyes:
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I deleted, wasn't quite right. But he is the guy speaking for them now and excusing the action.

This is the actual text of the act

http://www.austlii.edu.au/au/legis/sa/consol_act/lpa1981207/s5.html

"unprofessional conduct", in relation to a legal practitioner, means—
(a) an offence of a dishonest or infamous nature committed by the legal practitioner in respect of which punishment by imprisonment is prescribed or authorised by law; or
(b) any conduct in the course of, or in connection with, practice by the legal practitioner that involves substantial or recurrent failure to meet the standard of conduct observed by competent legal practitioners of good repute;
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It doesn't actually say there they need be found guilty before a court.

I'm sure they could have pushed it, decided not to.

Also google says he plead guilty to "failing to stop and render assistance", to a cyclist he critically injured as it were. I don't know what the penalty was then, or if it matters, but it's currently 10 year jail. Did they increase it from 0 to 10 years? He was given a slap on the wrist but it would appear the crime can attract jail time.

http://www.theage.com.au/news/Natio...-10year-maximum/2005/04/19/1113854203276.html
 
HarryTiger said:
I deleted, wasn't quite right. But he is the guy that has headed it when they made their decision not to take action to have him barred.

This is the actual text of the act

http://www.austlii.edu.au/au/legis/sa/consol_act/lpa1981207/s5.html



It doesn't actually say there they need be found guilty before a court.

I'm sure they could have pushed it, decided not to.
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Requires an offence of an infamous nature. An offence requires a conviction.

The Conduct sub-clause is conduct within their practice.
 
jo172 said:
Requires an offence of an infamous nature. An offence requires a conviction.

The Conduct sub-clause is conduct within their practice.
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Yes I realise the conduct bit is in regard to that, that's what I read after posting before.

He plead guilty to "failing to stop and render assistance". I wish I could quote something which referenced an actual crime, not sure if it's phrased that way.

Driving on after a human body has just thudded into your car at high speed isn't "infamous"?
 
McGee is obviously a very skilled and calculating liar.
 
HarryTiger said:
Yes I realise the conduct bit is in regard to that, that's what I read after posting before.

He plead guilty to "failing to stop and render assistance". I wish I could quote something which referenced an actual crime, not sure if it's phrased that way.

Driving on after a human body has just thudded into your car at high speed isn't "infamous"?
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And wasn't imprisoned. Instead he was fined $3k?

There's mountains of case law that the LPCB has to take into account the punishment due to the Act's requirement that the offence be 'infamous' and punishable by jail time.

You've fallen into the same trap Rann did, because he's a bad guy you want to pursue him and don't really give a **** what the Law is because you want to try him in a Court of Morality. If Rann held his breath before getting on his lawyer hating Law & Order bandwagon I have no doubt McGee would be behind bars right now.
 
jo172 said:
And wasn't imprisoned. Instead he was fined $3k?

There's mountains of case law that the LPCB has to take into account the punishment due to the Act's requirement that the offence be 'infamous' and punishable by jail time.

You've fallen into the same trap Rann did, because he's a bad guy you want to pursue him and don't really give a **** what the Law is because you want to try him in a Court of Morality. If Rann held his breath before getting on his lawyer hating Law & Order bandwagon I have no doubt McGee would be behind bars right now.
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And you're doing what they did and interpreting the most generous version of the wording.

Offences are not reducable further than their definition, there's no "failing to stop incuring a fine" and "failing to stop incuring jail time". The offence failing to stop is an offence for which jail can be "authorised by law".

Nor does it say the practictioner must be convicted, why wouldn't they be explicit and say they must be convicted of the offence and be sentenced to jail? It would be easy to make the clause beyond vague with a few choice additions. That's not so relevant given he plead guilty.

I'd like to know if the LPCB would have allowed Ben Cousins to practice after he'd just gotten on TV admitting that he had a major problem with cocaine addiction? Would they allow John Ibrahim notorious Sydney criminal king pin, labelled as the "lifeblood of the drugs industry of Kings Cross" during the 1995 Wood royal commission (quote wikipedia). Never found guilty, teflon John.

AND, look at the original article linked in this thread.

http://www.abc.net.au/news/stories/2011/04/08/3186100.htm

The Legal Practitioners Professional Conduct Board ruled that it could only consider Eugene McGee's actions in the first few seconds after the crash and could not consider his telephone calls to family or his legal adviser or his actions to avoid legal detection.

The board accepted Eugene McGee was suffering from post-traumatic stress disorder and that could explain why he failed to stop immediately after the accident.
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That excuse tells me they allow their own interpretations beyond which the court had found in sentencing. This conflicts with what the current President has said.

"The board accepted"... why didn't the board just say "he wasn't sentended to jail"????
 

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jo172 said:
And wasn't imprisoned. Instead he was fined $3k?

There's mountains of case law that the LPCB has to take into account the punishment due to the Act's requirement that the offence be 'infamous' and punishable by jail time.

You've fallen into the same trap Rann did, because he's a bad guy you want to pursue him and don't really give a **** what the Law is because you want to try him in a Court of Morality. If Rann held his breath before getting on his lawyer hating Law & Order bandwagon I have no doubt McGee would be behind bars right now.
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So it's Rann's fault he still can practice law?
 
jo172 said:
It's an overzealous Rann and Atkinson's fault that he didn't spend substantial time behind bars let alone still have his practising certificate.
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Coppers had thier chance and blew it from day 1 with Mcgee the ex copper, There is witness's on a Kapunda street who say they saw him return to a family property in Kapunda (that is entered via that steet) very very fast in that damaged vehicle and immeaditly leave in another with a relitive. Police never door knocked the street to find this out I was told, others say they wouldn't provide a statement because of fear of repercussions, his connections are well known, they say. It is a tight little street, barely enough room for 2 parked cars on oppisite sides of the road.



I don't think Rann had anything to do with these circumstances. As i understand it there was enough for him to be disbarred, but that i can't speak from authority over, but if true it is of no surprise considering...........

Its to easy just to blame Rann and atkinson, they probably did more than anyone involved in stopping this boys club percieved culture.


Your a lawyer are you not? You probably are well aware of perceptions of "boys club".
 
rayven said:
Coppers had thier chance and blew it from day 1 with Mcgee the ex copper, There is witness's on a Kapunda street who say they saw him return to a family property in Kapunda (that is entered via that steet) very very fast in that damaged vehicle and immeaditly leave in another with a relitive. Police never door knocked the street to find this out I was told, others say they wouldn't provide a statement because of fear of repercussions, his connections are well known, they say. It is a tight little street, barely enough room for 2 parked cars on oppisite sides of the road.



I don't think Rann had anything to do with these circumstances. As i understand it there was enough for him to be disbarred, but that i can't speak from authority over, but if true it is of no surprise considering...........

Its to easy just to blame Rann and atkinson, they probably did more than anyone involved in stopping this boys club percieved culture.


Your a lawyer are you not? You probably are well aware of perceptions of "boys club".
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Rayven, but for your penultimate sentence there's so much wrong there that I don't know where to start.

As for the initial investigation mistakes were undoubtedly made, Rann, boy's clubs whatever had nothing to do with that, rather some relatively clever (and immoral) work from McGee and some poor cop work.

Far more relevant is what happened when it reached Court. Thanks to Rann and Atkinson's interference with the supposedly independent DPP's office McGee was well and truly over-charged relative to the actual evidence available. Hence he got off on most of it and double jeopardy protects him from some lesser charges which would have easily been made out. This was the result of political agitation from Rann and the class war that marked his first and second terms of government.

And for a start no one is disbarred in Australia and you seem to misunderstand the process. Short answer, no.

Indeed, these perceptions exist because people are under the impression we run a legal system of morality and justice rather than laws. We can all condemn McGee for being a shithouse example of a human being, however, he was not guilty of most of the things he was charged with. Instead of Rann admitting fault he hides behind this boy's club crap because he knows morons will eat it up instead of turning the finger where it belongs, at him.

The major fault in the system which resulted in McGee being "under punished" was the fault which compromised the independence of the DPP. All Rann and Atko's work.
 
Poor police work is quite the watered down description in my opinion.
He has post traumatic stress syndrome, he has used that apparantly as a defence of his actions. That is a psychiatric condition, quite a debillitating one, Is there is grounds to stop him practising law based on being medicaly unfit? Medical reasons he has admitted to making a serious error of judgement.


PTSD is an unpredicatble beast, are you familiar with the disorder? You never know where a trigger is to you reliving the moment that caused the trauma, wouldn't it be fair to say that you couldn't predict his next error of judgement or rule another one out, the one (error of judgment) we discuss is quite a substantial one.Grounds alone to suggest he is not fit to practice law?

When he is triggered next, what will he do? I wouldn't want this guy as my lawyer, he is a head case reacting like he did with what he was involved in because of his PTSD, people go to Glenside under arrest for less.

Unless of course that he has gotten away with this last episode to teach Rann a lesson about interfearing with the DPP and law in general? Two wrongs don't make a right.
 

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You're conveniently ignoring the "post traumatic stress" side of the matter jo172.

The Legal Practitioners Professional Conduct Board ruled that it could only consider Eugene McGee's actions in the first few seconds after the crash and could not consider his telephone calls to family or his legal adviser or his actions to avoid legal detection.
The board accepted Eugene McGee was suffering from post-traumatic stress disorder and that could explain why he failed to stop immediately after the accident.
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What was stopping the board from instead finding?

"The LPPCB accept that Eugene McGee's actions following the accident, including telephones calls to family and his legal adviser, and the 6 and a half hour delay in contacting authorities, constitute a grave and considered lapse of judgement on his behalf and consequently have decided to deny his registration. We accept that Eugene McGee may have suffered post-traumatic stress following the accident however find that this cannot reasonably excuse his willful attempts to avoid authorities for the duration he did."
 
rayven said:
Poor police work is quite the watered down description in my opinion.
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Your view seems formed by ill-information and prejudice.

rayven said:
He has post traumatic stress syndrome, he has used that apparantly as a defence of his actions. That is a psychiatric condition, quite a debillitating one, Is there is grounds to stop him practising law based on being medicaly unfit? Medical reasons he has admitted to making a serious error of judgement.
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A treatable one. He wouldn't be getting insurance if he wasn't being treated for it.

rayven said:
Unless of course that he has gotten away with this last episode to teach Rann a lesson about interfearing with the DPP and law in general? Two wrongs don't make a right.
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This just doesn't make any sense.
 
jo172 said:
Your view seems formed by ill-information and prejudice.



A treatable one. He wouldn't be getting insurance if he wasn't being treated for it.



This just doesn't make any sense.
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Psychologists and Psychiatrists are guns for hire. It is easy to find one who will say a perfectly sound person is a fruit loop, and vice versa. No different to lawyers. Money talks.
 

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The Law Eugene McGee

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