75
the fa went on leave. The Raymond Lam incident was further explored at this meeting. According to Fulton, Brooks told him that they had to arrest a Police Officer and the Police Officer should be MacLennan. Doing most of the talking, Brooks said that MacLennan was “a bad bastard and a danger to the gay community.” Fulton attached no special meaning to this remark, except that he thought it was intended to spur him on to act against MacLennan. Brooks continued to say they required further evidence on MacLennan and they wanted Fulton to assist them getting this further evidence. Brooks suggested that one way was to introduce a homosexual friend of Fulton's to MacLennan or in some
way
for that friend to "get to MacLennan". This friend, who would have been previously briefed, would report back to Fulton or to SIU direct as to what had transpired. Brooks suggested that Fulton could use Raymond Lam, as MacLennan knew him. As Fulton understood it21 he was being asked to get a homosexual friend to test if there was going to be a homosexual act, to see if MacLennan would take the bait. MacLennan was to be introduced to a homosexual friend of Fulton's for the purpose of trying to assess, from the reactions of MacLennan towards him and from what subsequently happened, whether MacLennan was a homosexual22 or not. Fulton was shocked by this suggestion and did not know what to do. Fulton thought he was being asked to do something illegal. Brooks told him to report back every few days. Fulton said it was difficult, for not too many people were prepared to be a party to this. Fulton agreed to do it so as to get out of the meeting but he felt sure he was not going to do it.
32.
On 3 October 1979, Brooks, MacKillop and Fulton met at the Imperial Hotel and Fulton reported that it was difficult to arrange something along the lines suggested by them at the last meeting. Brooks then asked Fulton to find out the general feeling in the homosexual community and what their reaction to the recent arrests of Lindsay and Huthart was. After making a few enquiries, Fulton told Brooks that the homosexuals he had spoken to did not know about the arrests and did not seem to care much when told about them.
33.
On 9 October 1979, Fulton was asked to go to the Imperial Hotel where he met Brooks, Quinn and MacKillop. Brooks adopted a severe attitude and said he felt that Fulton had been "stringing them along" and lying to them and had not been pulling his weight and holding back on them. Quinn told Fulton to mix with MacLennan and get into his circle. Brooks said, "We still want that evidence on MacLennan. We want you to come up with something good and quick, otherwise the original agreement will not stand. We have been looking after you and keeping you in cotton wool." Then Quinn stood up to leave, saying to Brooks, "I think that is bloody disguesting. If you make an agreement you ought to honour it but it does not concern me as I am shortly going on leave.” Fulton was angry and upset, and wondered how he could get out of his predicament. Fulton thought he had been asked to commit a crime, i.e. to incite the commission of a homosexual act by a fellow officer. The same evening he had a discussion with his friends, Inspector and Mrs. McDaid, and decided to request an interview with the Commissioner of Police. McDaid assisted in drafting a memorandum to the Commissioner.
On 11 October 1979, he discussed the matter with his solicitors and it was decided that he should proceed with his request to see the Commissioner.
34.
35.
A memorandum from Fulton dated 10 October 1979 addressed to the Commissioner of Police was handed in by McDaid. According to usual procedure, Fulton was interviewed instead by the DCI Mr. Clancy, on 11 October 1979. Before seeing Clancy, Fulton saw his immediate superior Senior Superintendent Merritt. Fulton explained to Clancy that he had been giving information to the SIU without mentioning the instructions to "set-up" MacLennan. Fulton also said that he had been disbelieved, threatened and requested to do things which he believed to be illegal and outside his scope. Clancy listened to Fulton's complaint and undertook to clear up any "misunderstandings" or "ambiguity" with Brooks. After the meeting, Clancy contacted Brooks immediately and instructed SIU not to use Fulton as an informer again without his (Clancy's) express permission. From that day onwards, Fulton's association with the SIU ceased.
36.
I shall deal with Fulton's association with SIU, his interview with Clancy and the subsequent allegations that Fulton was asked to "set-up” MacLennan in greater detail in Appendix 19. Suffice it for me to state briefly the following findings:-
(a) In Fulton's numerous conversations about his association with the SIU, sometimes he referred to a "set-up",
sometimes not.
(b) Whilst Fulton refused to comply with Brooks' and Quinn's instructions, he had neither done anything to help
MacLennan nor warned him about the alleged “set-up”.
(c) On the basis of Fulton's own evidence, supported by Quinn, I am satisfied that Fulton was instructed to introduce a homosexual friend of his to MacLennan for the purpose of trying to assess his reactions, and to see from what subsequently happened, whether MacLennan was a homosexual or not. In other words, I do not accept
the suggestion that Fulton was asked to introduce his homosexual friends to incite or entice MacLennan into committing any homosexual act.
See Transcript pages 7554–7565 to a similar effect.
20
21
See Transcript pages 4456-4457.