99
31. If Handley was right in his observations that MacLennan had appeared troubled since December 1979, the anxiety observed by Pelly and Llewellyn on the 14th of January 1980 would appear to be a clear manifestation of what had been troubling him for some time. He was particularly concerned over the suggestion of bail. His comment that he had not "a penny" was true—his bank account at the time of his death showed a balance of only $65.15. His account for the preceding 12 months showed the same state of affairs. Evidently, he had very little money saved. He would not be able to afford bail or the services of lawyers. He could hardly go to his friends for loans, for he would then have to explain why he needed the money.
C. JOHN MACLENNAN'S DEATH
32.
Although the Jury at the Inquest returned an open verdict as to the cause of death, they unanimously found that the body which was discovered in mid-morning on 15 January 1980, in Flat 410B, No. 19 Ho Man Tin Hill Road, was that of John MacLennan, late of the Royal Hong Kong Police Force. Its identity was not a matter in dispute. I considered the evidence with three possibilities in mind:—
(a) that MacLennan was deliberately killed by another person, i.e. murder;
(b) that MacLennan was accidentally killed by himself or another person, i.e. misadventure;
(c) that MacLennan deliberately killed himself, i.e. suicide.
D. EVENTS BETWEEN MIDNIGHT TO 6 A.M. ON 15 JANUARY 1980
33.
Between 1.30 a.m. to 2.00 a.m., Woman Police Constable 18171 Poon Yuk-ling, received a telephone call from a person describing himself as Inspector MacLennan. The caller said: “I am Inspector MacLennan and would you please let me speak to the Duty Officer?" Woman Police Constable 18171 said: "The Duty Officer had gone somewhere else." The caller then said: “It doesn't matter, I only want you to call me up in the morning at 5.30 a.m." The caller then gave his telephone number and then asked: “Who are you?" The Constable gave her number. The caller repeated his request for a wake-up call at 5.30 a.m. and hung up. Woman Police Constable 18171 then wrote that message down on the Availability Board in the Report Room. She also wrote the message down on the desk calendar pad. Woman Police Constable 18171 recalled: "When Inspector MacLennan spoke to me on the telephone, the voice sounded tired. I am unable to say whether it sounded as if he had been drinking, but it did sound tired. I heard no sounds from the background. I do not know whether he was calling from his house but it seemed quiet in the background.'
18 The Duty Officer, Stn. Sgt. Li Chi-man, returned to the Report Room and saw Woman Police Constable 18171 writing her message on the Availability Board.
34. At about 5.32 a.m. Sgt. Li remembered that MacLennan had to be telephoned and instructed Police Constable 19159 to telephone the number on the Board. Police Constable 19159 recalled: “A European answered the phone. I said: 'Is that Mr. MacLennan?' He said: 'Yes'. I then said: "This phone is a morning call'. He appeared confused, although he did not say anything, he made some noise. They are difficult to describe, but they seemed to me that he did not understand what I had said, so I repeated what I had said in a clearer voice. There was silence for a few seconds, then he said: "Thank you'. I do not know why he was confused. He seemed to be very tired. His voice sounded different to normal speaking as if it was tired. It was slower. My English is not very good and he may also have had difficulty in understanding me the first time I spoke. I did speak in English. It seemed to be very quiet. I only heard his voice. I heard no other sounds in the background.” "19
35.
At about 5.55 a.m. Sgt. Li recalled that MacLennan went to the Report Room to see him and showed him his Warrant Card. Li had seen MacLennan before and knew that he was a CID Inspector at the Station. Li remembered the conversation with MacLennan as follows:-
36.
MacLennan: "I am Inspector MacLennan. I am going to raid and I want a revolver." (Li recalled that MacLennan was speaking very fast).
Li: "Pardon, Sir?"
MacLennan: “Raid. R-A-I-D. CID Raid”. (MacLennan was apparently impatient and spelt the word “raid” to the Sergeant).
Li: "Yes, Sir. I recognize you, Sir”.
Li then telephone Police Constable 8830 Lee Hok-lun, and told him that MacLennan would go down to obtain a revolver and that he should give MacLennan one.
18 See Poon Yuk-ling's evidence at Transcript page 10067.
19
See Lam Mei-kuen's evidence at Transcript page 10068.