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139.
In August 1979, two months after he took office, the Attorney General received a number of complaints about the SIU:-
140.
(a) The Duffy Immunity
The Attorney General was informed by Mr. Macdougall that Quinn had apparently, on 15 August 1979, given to prisoner, J. R. Duffy, a purported immunity from prosecution without having obtained from Mr. Macdougall the authority so to do. (See Chapter 4).
(b) Mr. Alderdice's Note67
Mr. Gary Alderdice, Assistant Principal Crown Counsel, made a note on 26 August 1979 recording, inter alia, a complaint made to him by a Magistrate about the misconduct of Quinn. It was alleged that Quinn had, at a Police function and in the presence of others, told the Magistrate something to the effect that he (Quinn) knew all about him and his boys, and he would "get" him.
68
(c) Mr. Howard Lindsay's Letterő:
Mr. Lindsay wrote to the Attorney General on 30 August 1979 making representations about his own case and made a reference to the same incident referred to in (b) above.
(d) The Bangkok Telegram69
On 30 August 1979, the Governor received from the British Ambassador in Bangkok a telegram stating that a person who had fled from Hong Kong was making allegations that Quinn and other Police Officers were "exceeding their authority to the extent of misconduct". The complainant also claimed that Quinn was "mentally unstable", "alcoholic" and "unfit for his job”. This telegram was passed to the Attorney General for him to draft a reply.
On 31 August 1979, the Attorney General spoke to Mr. Moor about these complaints immediately after the meeting at Government House (see Chapter 4). He also mentioned the matters to the Governor and the Chief Secretary. The Attorney General followed up his conversation with Moor by sending him a letter the next day, enclosing the relevant documents. In the letter, the Attorney General wrote:-
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"As you remarked to me, it is obviously important that the Rockcorry enquiries are handled sensibly and with discretion. It was this thought that lay behind my remark that perhaps the Rockcorry team should be supervised by someone more senior who could direct more closely the way they set out about their enquiries."
141. On 4 September 1979, Mr. Moor telephoned the Attorney General saying that the matters had been looked into and that Quinn had been warned as to his future conduct. the Attorney General recalled that Mr. Moor used the phrase that Quinn "wouldn't step out of line again, because he knew that he (Moor) would have Quinn's guts for garters if he did." Mr. Moor also assured the Governor, the Chief Secretary and the Attorney General that Superintendent Brooks, who was considered by Mr. Moor and the Chief Secretary to be a good Police Officer, was expected back from leave soon and would be taking control of the Unit. He said that the chain of command in the Unit was going to be tightened considerably, in that he would personally oversee its operation with the assistance of the Director of Criminal Investigation.
142. At around that time, there was a discussion between the Governor, the Attorney General, the Chief Secretary, Mr. Moor and probably the Secretary for Information as to whether Quinn should be transferred out of the SIU in view of the complaints against him. The Attorney General was in favour of removing Quinn to other work. Mr. Moor was of the view that it would be a mistake to do so because it might lead to a loss of morale in the CID. It might be felt by the CID Officers that Quinn had been moved because of allegations made by people who were themselves under investigations. As another investigation was going on at the time, it might be thought something was being “hushed up" if Quinn was removed. Mr. Moor also pointed out that under the new chain of command, Quinn would be working under close supervision and there ought to be no further problems. Mr. Moor's view was supported by the Governor and the Chief Secretary. As a result, Quinn was allowed to remain in the Unit.
143.
On 20 November 1979, Lindsay went to see the Attorney General shortly after his acquittal upon a submission of no case to answer. At the meeting, Lindsay told the Attorney General something to the effect that a Police Officer named Fulton had been asked by Quinn and Brooks to introduce a young man to another man who was being investigated in order to discover whether or not the latter was a homosexual. Lindsay might or might not have mentioned MacLennan's name. The Attorney General was unable to recall if Lindsay did. Lindsay also told him that
67 Annex 4 in Attorney General's statement.
68 Annex 5 in Attorney General's statement.
69 Annex 7 in Attorney General's statement.
70
Paragraph 3 of Annex 8 in Attorney General's statement.