74
24.
that
Having regard to Inspector McDaid's assessment of Fulton's character (see Appendix 19), I am of the Fulton was confused in that he genuinely believed that he was told about the incident by Quinn. The evidence of Quinn and Graham is more probable and I accept it.
D.
25.
OTHER MINOR INFORMATION ON MACLENNAN
Before the Raymond Lam incident occurred, Brooks, Quinn and Graham had seen MacLennan in bars in the Tsim Sha Tsui area, sometimes with Chinese persons and sometimes with European Police Inspectors. At that time they regarded this as a very minor matter. However, in the light of subsequent information provided by Fulton regarding the Raymond Lam incident, MacLennan's appearances in Tsim Sha Tsui bars became a "matter of background" for SIU.
26. At the end of September, Richard Stanford, Manager of the Waltzing Matilda Arms, told Quinn that MacLennan was frequenting bars and drinking a great deal. Apart from this, Quinn had also received reports that MacLennan was frequenting homosexual bars late at night and was associating with or was seen in company with male prostitutes.
27.
Such information, together with the Raymond Lam incident, was relayed to Ross and Clancy. In Ross' view, the information, taken with the Yuen Long incident, made it possible that that incident was true. Clancy, in turn, discussed with Mr. Moor (DCP/Ops) who by then already knew something about the Yuen Long incident. Moor said in evidence that he was concerned with the "snippets" relating to MacLennan because he (MacLennan) was a Police Officer. It is interesting to note the following answer from Moor (which I accept) to the questions put by Counsel for the Commissioner:-
28.
"Question:
Answer:
Yes. But, of course, knowing as you did of the Yuen Long incident you would have been able to give the same answer to the question I asked you only a few moments ago as you gave to me today, namely that that incident (i.e. the Yuen Long incident and his conduct behind it was of a character to create a reaction in loyal policemen. Oh, I think so, yes.
Question: And so that you would have been alerted to the danger that the trivial pieces of gossip which were fed up to you
might have been so fed by reason of that reaction.
Answer: Could well have been.
Question: Do you think you should have said to Mr. Clancy: 'Keep an eye on this. Make sure that the interest in his man is objective and professional and they were not merely following up these gossip reports because of a sense of resentment towards him?”
Answer:
I may not have used the same words but I certainly at times discussed matters of that nature with him for the very reasons that you are obviously making, and that is why I treated those snippets of gossip in that form. No more, no less.
Question: So almost from the earliest moments, then, you were alive to this danger and advised Mr. Clancy of its
possibility.
Answer:
Oh yes, and I think it would be true to say that Mr. Clancy likewise was alive to this situation."20
At that stage, it was thought that there was no justification for reporting the information to the Attorney General as the information gathered was just "gossip" and too "intangible". The matter was therefore not reported. Mr. Henry, the Commissioner of Police, did not receive the "snippets". According to Ross, SIU's interest in MacLennan at that stage was two-fold:-
29.
30.
(a) for general collection of information about homosexuals;
(b) to see if there had been an erroneous clearance of MacLennan when the vetting request had been made in
January 1979.
Clancy gave no specific direction as to what to do with MacLennan. He only asked Ross to "keep it in mind”.
The fact that Clancy saw fit to pass such relatively minor information on a very junior Officer up the chain of command to the Deputy Commissioner of Police is a clear indication that the senior level of the Police was interested in MacLennan. The only plausible explanation for such interest at the very senior level was the Yuen Long incident which was widely discussed among Police Officers.
E. FULTON WAS PRESSURED INTO PROVIDING INFORMATION ON MACLENNAN
31.
On 24 September 1979, Quinn arranged for a meeting at the Wine and Cheese Bar. Brooks, Quinn and MacKillop (for the first time, he having just joined the SIU) were there. MacKillop was to take over from Quinn when
20
See Transcript page 10906.