105
as sh
n in the photographs at Plates 17 and 18. The photographs show that there are two horizontal latches and a vertical self-locking bolt. The lounge windows are in the photographs at Plates 19 and 20 showing that one window has a similar locking system as the bedroom windows, and the other has a bolt near the top and a handle near the bottom. The bathroom and kitchen windows are shown in the photographs at Plates 9 and 21 and they are locked by vertical bolts. Trotman was shown all these photographs in evidence and confirmed that they were in the closed and secured position, when they were examined by him at the time and in the manner I indicated in the preceding paragraphs.
72. At about 12.20 p.m., Dr. Wong Kin-ming and Dr. Yip Chi-pang, Forensic Pathologists, arrived with their Assistant, Sgt. Szeto Mei-sheung, at the scene. Dr. Wong was in fact the attending pathologist. Dr. Yip, although senior to Dr. Wong, was on leave that day and met Dr. Wong outside No. 19 Ho Man Tin Hill, and decided to accompany Dr. Wong. Trotman briefed Dr. Wong to the effect that MacLennan was to be arrested for homosexual offences and that it was suspected that he had committed suicide with the revolver found in the bedroom. Dr. Wong and Dr. Yip then began examination of the body. Dr. Wong then asked his Assistant to take the room temperature (which was 20°C) and the anal temperature of the deceased (which was 32°C). Dr. Wong found that rigor mortis had already set in. With this symptom, together with the difference between the room and anal temperatures, he estimated the time of death to be between 6.30 a.m. and 7.30 a.m. Dr. Yip agreed with this determination.
73.
Sometime during this last half an hour, Trotman telephoned Bruce Ferguson, Senior Superintendent in charge of the Identification Bureau at CID Headquarters. Having been briefed by Trotman of the circumstances at the scene and hearing from Trotman that the case was classified as suicide, Ferguson decided that there was no need for him to attend personally but suggested that the gun and the suicide note be sent to him for fingerprint examination.
I. EVENTS BETWEEN 12.20 P.M. AND 1 P.M.
74.
At about 12.20 p.m. 26 Chief Inspector Kong arrived at the scene. At this point, he took over the responsibility of Investigating Officer from Trotman. At about the time of Kong's arrival, Quinn and his party left the scene. Stevens had left soon after 12 p.m.
75.
Trotman briefed Kong (i) that MacLennan was to be arrested on homosexual charges; (ii) both the main and the bedroom doors had been broken down to gain entry; and (iii) the finding of the body as well as MacLennan's handwritten note. Kong was also told that there were no signs of struggle and that all the indications were that of suicide.
76.
While Dr. Wong was examining the body, Kong inspected the premises to satisfy himself that there was no other possibility than suicide. He inspected the main door and the bedroom door, read MacLennan's note, checked all the windows and found them to be secured from the inside (in the positions shown in the E series of photographs). This took five to ten minutes, and he was satisfied that there was no sign of ransacking or struggle within the premises. He then decided that it could not be other than a case of suicide. Kong instructed Inspector Peters, who arrived with him, to call for a fingerprint officer, ballistics officer27 and photographer. Kong also considered the possibility of asking the Government Chemist to attend, but decided that in the circumstances it was unnecessary to do so.
77.
The Ballistics Officers, Messrs. Cimino and Nicoll, arrived and were briefed by Kong. They were shown into the bedroom where Dr. Wong was still examining the body. Dr. Wong at that point officially pronounced death and Trotman dismissed the ambulance crew.
78. In the presence of the two Ballistic Officers Dr. Wong removed MacLennan's upper garment (pullover) and handed it to Cimino. Dr. Wong then took off the shirt underneath and found five entry wounds, plus three exit wounds at the back. He found one bullet at the back between the shirt and the pullover, and handed the bullet to Cimino. Meanwhile, Nicoll saw the strike mark of a bullet on the wall close to the light switch on the far side of the bedroom and found a bullet on the floor below the mark (see Plate 22). At this point, Dr. Wong and his Assistant left the scene.
Meanwhile, Trotman stayed at the scene and interviewed the occupants of Flats 409 and 310B, Inspectors Collin Shaw and Felix Muller respectively. Both said that they had been in their respective flats from the previous night until they were visited by Trotman, but had heard nothing. Trotman duly recorded his conversations with Shaw and Muller. The occupant of Flat 402B, one Inspector K. P. O'Connor told this Commission that at about this time, he told Trotman that his wife had heard shots the previous evening and that Trotman said that this was a mistake as MacLennan was shot during the morning: Trotman, in his evidence, could not recall whether O'Connor had in fact told him this, and said he did not record this conversation in his notebook. My view is that probably O'Connor did tell Trotman but Trotman did not record the information in his notebook because the information was of no value.
26
27
According to Kong, he arrived at 12.18 p.m. (see Transcript page 10099). According to Leung, he arrived at 12.20 p.m. (see Transcript page 6652). According to Trotman, Kong's arrival was at 12.25 p.m. (Exhibit B 162). According to Leung, his arrival was 12.18 p.m. (Commission File B page 201).
When Kong instructed Inspector Peters, he did not know that Trotman had already asked the Ballistics Officers to attend and that Messrs. Cimino and Nicoll were actually on the verge of arriving at the flat.
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