Eugene McGee and Craig McGee found not guilty of conspiracy over Kapunda Rd hit-run

HIT-RUN widow Di Gilcrist will continue to campaign for a fairer justice system than the one she believes "absolved" her husband's killer of responsibility.

HIT-RUN widow Di Gilcrist will continue to campaign for a fairer justice system than the one she believes "absolved" her husband's killer of responsibility.

Ms Gilcrist, whose husband Ian Humphrey was killed by Eugene McGee, has vented her frustration at the legal system.

She feels frustrated after a six and a half-year battle which has included two trials, numerous appeals and yesterday's acquittal of McGee and his brother Craig of conspiring to pervert the course of justice.

"I will always advocate for reform and change and for justice," she told The Advertiser.

"We have this legal system that is based on precedents and history, not in touch with community values and it doesn't represent what people want."

On November 30, 2003, Eugene McGee left Mr Humphrey to die beside the Gawler to Kapunda Rd, but in 2005 a jury acquitted him of causing death by dangerous driving and he was fined $3100 for driving without due care.

The brothers were charged with conspiracy after the 2005 Kapunda Road Royal Commission and the charges withstood appeals to both the Supreme Court and, last year, the High Court.

Yesterday, in a hearing before a packed public gallery that lasted barely a minute, District Court Judge Peter Herriman published his reasons for acquitting the McGees.

Outside court, a composed Ms Gilcrist said she had not wanted Eugene McGee to go to jail because her campaign for justice was about "humanity, understanding and acknowledgement".

"It's a sad reflection of the criminal justice system that something so black and white could be manipulated to absolve Eugene McGee of his lack of moral and ethical responsibility," Ms Gilcrist said.

Soon after the verdict, Eugene McGee strode from court with his brother, apologised briefly, refused to answer questions, got into a car in Carrington St and drove away from the legal saga he started.

"As I said to police on the night of the accident, I'm deeply remorseful for the loss of Mr Humphrey's life and I extend my sincere sympathy to his family for their loss," Eugene McGee said.

Ms Gilcrist said Eugene McGee had never apologised directly to her: "It's one thing to say it publicly, but to say that to the people who were affected the most would be much more sincere," she said.

If he did apologise to her, Ms Gilcrist said she did not know what difference it would make "after all this time".

"I don't know what closure is, I don't know what justice is, I just think you've just got to keep doing what you need to do," she said.

Judge Herriman took three weeks to find the brothers' actions on the night did not amount to "unlawful purpose" when Eugene McGee avoided police after the crash until a two-hour limit for a blood alcohol test had expired.

"There was no legal obligation then falling upon Eugene to surrender himself or upon either of them to assist police," Judge Herriman said.

He said the prosecution did not establish beyond reasonable doubt the brothers had specifically agreed to "frustrate, deflect or prevent police from investigating or adducing evidence of Eugene's blood alcohol level and sobriety", as alleged by prosecutors.

Judge Herriman found the existence of that plan was possible " but there appears to me to be a number of rational hypotheses which are quite inconsistent with its proof beyond reasonable doubt".

AdelaideNow readers condemned the outcome, which also prompted a reaction from both major political parties.

"$3100 is all a life is worth, sad very, very sad!" wrote AdelaideNow reader Tony, of Exeter.

Opposition legal affairs spokeswoman Vickie Chapman said the case would be referred to a new law-reform commission, if the Liberal Party won Saturday's election.

"Legislation is the important responsibility of government and parliament and if there was a way of improving the processes here, we would do so," she said.

Attorney-General Michael Atkinson said the Government had "done everything in its power to support the interests of the victims in this matter".

He said the royal commission led to law changes in 2006 which increased penalties for a number of driving offences - including the charge of leaving the scene of an accident, which now carries a maximum 15-year jail term.

Director of Public Prosecutions Stephen Pallaras, QC, will receive a report on the case and has 21 days to lodge any appeal. "No further comment will be made until the director has had the opportunity to consider both the report and the judgment of Judge Herriman," a spokeswoman for Mr Pallaras said.