113
(IV)
126.
ould the five shots have been fired by an assailant?
Both Prescott and Mead measured the bedroom, the position of the wounds, the positions in which the two bullet marks were found on the wall and the drawer, and came to the conclusion that even if an assailant were to fire into MacLennan in a contact position, it would have necessitated active co-operation by MacLennan. The most prominent factor was that two bullets were found on opposite sides of the room, one below the light switch on one side (some five feet above the ground) and the other embedded in a drawer on the other (some 16 inches above the ground). This meant that the revolver had to be fired from two directions. Both Prescott and Mead agreed that the bullet which hit the drawer unit must have been fired at approximately the same height, i.e., about 16 inches above the ground. The bullet which made the dent near the light switch would have to be fired from the opposite direction with the deceased bending forward slightly and having his back to the wall on which the switch was situated. Mead in his evidence stated that from a ballistics point of view, bearing in mind the cramped conditions of the bedroom, the only conceivable way for an assailant to shoot MacLennan would be if MacLennan had actively participated in some way as to enable the foregoing two shots to have ended up on opposite sides of the room.
127.
In the light of such factors as the locked door, the cramped conditions of the room, the fact of two of the five shots ending up at opposite sides of the room, both Mead and Prescott agreed that it was unrealistic to expect MacLennan to have been shot by a person other than himself.
M.
CAUSE OF DEATH
(a) It was conclusively a case of suicide
128.
Having heard and considered all the evidence I am compelled to conclude that MacLennan committed suicide with revolver No. 4894.
129.
No one saw how he met his death. To reach any conclusion at all, I had to piece together the circumstances that MacLennan found himself before he died, what was observed at the scene of death, the evidence of experts in handwriting, pathology and ballistics and all relevant evidence. I have also made two visits to MacLennan's flat and its surroundings. At all times, I kept open at the back of my mind the possibility that MacLennan could have died other than by suicide. However, the evidence was such that I had to discount that possibility at every turn.
(b) Probable motivation
130. Early in December 1979, MacLennan had been warned by the male prostitute, Jimmy, of SIU's interest in him. At about this time, his good friend, Mathew Handley, noticed a distinct change of mood in MacLennan, so much so that Handley thought that something was wrong. Handley, with hindsight, thought it strange that MacLennan should have fired an additional revolver course a few days before his death when MacLennan had already fired his obligatory course, as he disliked guns. Handley also thought it strange that MacLennan had refused to borrow any books from the Urban Council Library and insisted on returning certain magazines to him. I set no great store on this evidence. The highest that I could put it, is that there were signs of depression which were not, in themselves, sufficiently indicative of a motivation for suicide. Indeed, the significance of these signs of depression was diluted by the evidence of Angell, Sally Haddon and Mr. and Mrs. Thomson, who were in contact with MacLennan in the two days prior to his death and had thought him to be in good spirits.
131.
On 14 January 1980, Trotman informed MacLennan that he would be interviewed by the SIU the following morning. Neither Trotman, nor MacLennan's Senior Officer, Inspector Grant and his juniors noticed any sign of distress in MacLennan. Pelly, on the other hand, noticed that MacLennan was worried and in a long discussion with him that evening, discussed possible arrest action and noticed that MacLennan was particularly distressed over the mention of bail money. MacLennan's bank account in fact had only a small sum in credit and even $200 of that had already been pledged by cheque to the barman, Mr. Liu, that afternoon. Llewellyn, in his private conversation with MacLennan, was certain that MacLennan was expecting the SIU to interview him as a suspect. He referred to the name Peter, Peter was one of the male prostitutes who gave evidence before this Commission and who had in fact volunteered MacLennan's name to the SIU in the first place. Llewellyn did not, however, think that MacLennan was unduly worried. There was certainly deep anxiety, but not visible stress.
132.
To his friends and colleagues, MacLennan was a good police officer, proud of being a member of the Police Force, he was heterosexual and close to his family. Whilst haughty to the Chinese waiters at the Waltzing Matilda in the company of his European friends, MacLennan would engage the same waiters in long conversations when alone. He would keep away from male prostitutes; MacLennan was once seen to be visibly annoyed when a male prostitute, Eddie, greeted him. By 14 January 1980, MacLennan would have known that his homosexual activities, at least with Jimmy and Peter, had come to the attention of the SIU, and that he would have to face public exposure.
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