61
Early the following week Mr. Alderdice, acting on the Attorney General's order, telephoned the SIU and said he wanted to visit the SIU to look at the files in the SIU's possession, which he did. On the 20 July 1979, Mr. Alderdice took away all the files of the SIU. No explanation was given to members of the SIU except that the Attorney General wanted them and that it was very important. Ross then informed Mr. Clancy (who was then the DCI) about it, and Clancy too expressed surprise.
36. After Quinn came out of hospital he told Inspector Graham to collect from the DPP all the SIU files Alderdice had taken away. At this time the SIU was being re-formed and their role “re-kindled”. Action was to be taken on the five files submitted to the Legal Department in April, and extra staff was recruited. Chief Inspector Quinn thought the revived activity was attributable to the Duffy petition. On 28 July 1979, Quinn went to the DPP's office and told the DPP that the investigation into Molo Tsui had not been completed and that he himself was very much involved in it but that there was a shortage of staff. The DPP told him that he had already spoken to Ross about this and assured him that there would be no problem as far as staffing was concerned. Apparently Quinn had not been spoken to by Ross on this subject but the DPP said if there were difficulties with the staffing, he would refer the matter to the Attorney General in order to expedite this matter.
37.
10
Mr. Justice Macdougall says there is no truth in Quinn's evidence that henceforth the "lid was off" on homosexuals. Quinn seemed to be somewhat agitated by the fact that investigations into the procuration and Molo Tsui and other people might well "open a Pandora's box”. He said that he had taken part in investigations into homosexuality many years beforehand and that when evidence had come to light concerning prominent persons, the investigations had been stopped. He had been told to cease any further activity, and he wanted an assurance from the DPP that this would not happen. The DPP said that he was totally unaware of this event happening before but as far as he was concerned it did not matter whose name came to light. This investigation had to proceed.11
38.
Chief Inspector Quinn says the DPP told him that action had to be taken against the homosexual fraternity or against the homosexual community. Mr. Justice Macdougall denies having said that, he said instead to Quinn that if investigation led to the discovery of offences allegedly committed by prominent people, that was not to deter Quinn in his investigation. In an attempt to reconcile his own evidence with Quinn's, Mr. Justice Macdougall advanced the following explanation, which I accept:
"To begin with the Unit had been run down at that time, so reactivation of the Unit simply meant that the manpower that it had been stripped off, had been restored to the Unit, that was all that was! Secondly, when he alleges that I said—'Go ahead everybody!' those were not the words that I used; he had indicated to me as I previously said, that he was concerned that this investigation would be brought to a grinding halt if indeed, it did reveal names of prominent people. I said that that was not the case at all, the investigation was to be pressed on with and it did not matter whose name emerged."
12
39. At about the end of July 1979, (and not before) Mr. Peter Moor, by then the DCP (Ops), first heard about the SIU when the DCI Clancy asked him for an increase of manpower for that Unit. Having been briefed by Clancy, he came to the view that the work of the SIU was a "very touchy area”, and it was then obvious to him that there was widespread homosexuality at all levels in the government service and the community as a whole. As he envisaged that there could be considerable pressures exerted on this Unit, he started to take a more personal interest in its operations, more so than he would normally have given to a unit of such a small size.
40. Chief Superintendent Ross informed Mr. Clancy of his meeting with the DPP. On 2 August 1979, Mr. Clancy informed Mr. Moor. Then, still in August, Clancy spoke to Moor about the manpower situation of the SIU, and Moor spoke to Henry about manpower shortage. On the same day Molo Tsui was arrested and charged with offences involving homosexuality and subsequently pleaded guilty.
41.
13
On the 18 and 19 August Ross prepared a draft report on the history of the SIU and on the changes in the SIU duties after the 14 July 1979. The draft was approved by the DCI Clancy with some additions and a report entitled "Special Report-Operation Rockcorry-Investigation into Homosexual Practice 1978/79" was sent up to Police Headquarters and it subsequently went from Moor to the administration at high level in the form of a resume.
10
See Transcript page 10961.
11
See Transcript page 10962.
12
See Transcript pages 11005-11009.
13
Molo Tsui's evidence and statements are inconsistent in a number of material particulars. I have also observed his demeanour whilst he was giving evidence. He is thoroughly unreliable. There were probably some truths intermixed with lies, but it was not possible to distinguish between them. I was quite unable to draw any conclusions from his evidence. The only safe course is therefore to disregard it altogether. I did not believe further cross-examination by anyone would help me to ascertain the truth. I therefore stopped further cross-examination. I noted the fundamental unreliability of this witness.