114
er so
133.
There were clearly two sides to MacLennan. Each side was able to exist in uneasy harmony with the long as one did not come into conflict with the other. The opinion of two of his best friends, Burns and Whyte, was that MacLennan would have been unable to face public disgrace which would be certain to follow his arrest on charges of homosexual acts. I would accept the belief expressed by Burns and Whyte as persuasive evidence to indicate that MacLennan did form a motive for suicide: see Chapter 2.
(c) MacLennan probably went to the Armoury at 6 a.m. to avoid raising an alarm
134. The actual reasons as to why MacLennan booked his early morning call on the morning of the 15 January and went to the Armoury at 6 a.m. to draw the revolver remains a mystery. However, his actions in this regard are completely consistent with the state of knowledge which he had or could be expected to have had at that time. He knew that he would be interviewed and possibly arrested by the SIU at 10.30 a.m. that morning. He knew that one of the two ways of obtaining a gun, as he did not have a personal issue, would be either to obtain the Duty Officer's permission or a memorandum from his senior officer. He would also know that the morning shift of the station would start at 8 a.m. and that sometime prior to 8 a.m., officers and rank and file would be trickling in, so that the Duty Officer, if he were to query MacLennan's request for a gun, would be able to check with other officers. The "cover story" that MacLennan used, namely, that he would be going at dawn on a CID raid would also be completely consistent with his position as a Detective Inspector. In all the circumstances, therefore, I think it is probable that the time had been specifically chosen by MacLennan to take count of the foregoing factors.
(d) The time of death was between 6.30 to 7.30 a.m., on 15 January 1980
135. I have no reason to question Dr. Wong's opinion that MacLennan died 6.30 to 7.30 a.m. I am confident that the loud bangs heard by Miss Hills in Flat 610B were made by discharges of a firearm in MacLennan's flat that morning.
(e) There could not be another person in the flat
136.
My reasons for this conclusion are as follows:-
(i) There were no signs of struggle. All the windows in the flat were secured (that is, latched on from the inside). (ii) The main door was locked from the inside, as was the bedroom door.
(iii) The bedroom door, in addition, could not be locked from the outside, there being no key insert anywhere on the lock or the door knob. Any person who shot MacLennan in the bedroom would have to remain in the bedroom until the flat was broken into.
(iv) If the assailant were to remain in the flat up to the time of the entry of the arrest party, he would have to either hide somewhere and slip out undetected, or alternatively, he would have been expected by members of the arrest party. The first possibility is difficult to conceive, particularly when the evidence before me show that only a limited number of people could go into the bedroom up and until the time the body was removed. After that, a search of the flat was conducted. There was only one item in which a person could hide, i.e., the wardrobe. It would be fantasy to think that a person hiding himself in the wardrobe would be able to slip past Trotman, Quinn, Loughrin, the Forensic Pathologists, the Ballistics Officers and the photographers, without being recognized and challenged, not to mention the people outside the corridor, most of whom were trained policemen. The second possibility, namely, that the arrest party expected the assailant in the flat, would involve a conspiracy of gigantic proportions, involving as it would have to be, Trotman, Quinn, and all members of the arrest party as well as Stevens and Mrs. Gafoor (themselves totally unconnected with the Police, with Stevens, in particular, supposedly looking after MacLennan's interests). Such a conspiracy would be impossible, indeed, I would refuse to believe this. All these persons gave evidence before the Inquest and the Commission, and it would be a feat unknown in the history of crime, for such a gigantic conspiracy to remain undetected for so long.
(v) Even if it were possible, although admittedly the possibility is so highly remote as to be inconceivable, that an assailant might have been in the flat prior to the time of entry, it would be difficult to explain why there were no signs of struggle in the flat. It might be argued that the assailant might well put things in order after the deed was done. However, I find this hypothesis difficult to accept for no matter how carefully things were re-arranged, it would be almost impossible to arrange everything in its original position.
(vi) Still, this does not explain why there were no signs of violence found on MacLennan's body apart from the five gun shot wounds. If a person were murdered, one would expect him to fall on pieces of furniture or on the floor. He might try to escape. Probably, it would show at least some mark on his body to indicate violence either done to him or by himself. None of these signs could be found.