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tive
requiring him to enquire into the circumstances leading to the death of MacLennan, the cause of death itself, th which led to the death, and anything that the Coroner might wish to known. But, in fact, due to two events, Pelly's investigations became wider than would have been normally the case for a Police inquiry leading to a Coroner's Inquest.
The two events were:—
9.
(a) The article in the Sun, published on 19 January 1980, with the headline "Suicide Cop was framed". The article
then went on to say:-
1
"Police Inspector John MacLennan who shot himself in his Ho Man Tin quarters on Wednesday-is the victim of 'a high-powered frame-up' because he had investigated homosexual offences involving high ranking policemen.
MacLennan was 'put-up' by senior policemen and dismissed from the force two years ago, until the Governor intervened and save job.
These allegations were made by Urban Councillor, Mrs. Elsie Elliott, who had written to the Governor after two magistrates brought the case to her attention.
Mrs. Elliott said she made an agreement with MacLennan that should be no more contact between then to avoid further 'bullying' from senior officers.
She said she came across another allegation of a frame-up of three police officers including MacLennan, recently and brought this to the attention of the Attorney General three weeks before MacLennan's death."
The article brought forth an immediate outcry, for in the next few days, the press published Mrs. Elliott's call for an independent enquiry as well as suggestions made by her and by Mrs. Thomson that MacLennan was "hounded" to death. As a result, Pelly had to enquire into the history surrounding the termination of MacLennan's contract, his subsequent reinstatement and the allegations of “frame-up" by Mrs. Elliott. At that stage, Pelly was unaware of Fulton's allegations.
(b) On 23 January 1980, Howard Lindsay, then still technically serving as a Crown Counsel, on vacation leave prior to resignation, wrote to the Coroner. His letter, which is reproduced at Appendix 38, recounted how in October 1979, while he was awaiting trial, he received a telephone call from Inspector Michael Fulton and was told by him of his association with the SIU and as to what specifically took place in or about October 1979, when Quinn and Brooks of the SIU, allegedly asked him to “set-up” a Police Officer, identified as Inspector MacLennan. Lindsay wrote that the reason given by the SIU to Fulton was that MacLennan had previously been dismissed from the Force but by virtue of the intervention by Magistrates Daniell and Rattigan and Mrs. Elliott, MacLennan was reinstated by the Governor. Quinn was said to have been apparently annoyed by the Governor's reversal and wanted to "get" MacLennan. The method by which the SIU wished to "set-up" MacLennan was also spelt out, namely, for Fulton to introduce boys to MacLennan for the purpose of his having sexual relations with them, the object being that those boys would be interviewed by the Police immediately after the event. A copy of Lindsay's letter was forwarded by the Coroner to the Deputy Commissioner Moor who on 29 January 1980, decided that Pelly should enquire into the matters raised therein. In the event, Pelly conducted an investigation arising from this letter, and submitted a report to the Deputy Commissioner on 18 March 1980. This investigation for Mr. Moor was therefore an investigation within the main investigations conducted by Mr. Pelly for the Coroner.
Because of the public furore which followed the death of Inspector MacLennan, the investigation was conducted under constant pressure of time. In order to commence the Inquest at the earliest practicable date, the Attorney General telephoned the Registrar of Supreme Court who indicated that the court diary was such that in the normal course of events, the Inquest could not commence until September 1980. However, accepting the urgency of the matter, the Registrar arranged for a Magistrate who was coming back from leave in February to take the Inquest out of its normal turn. That magistrate was Mr. D. J. Leonard, now District Judge. The original date for the Inquest was set for 20 February 1980, but by the beginning of February, it became obvious that neither the Coroner nor the Coroner's Officer (Mr. B. Moorfoot, Crown Counsel) would have a completed file from Pelly. Meanwhile, the Attorney General had spoken to Deputy Commissioner Moor and it was agreed that the Coroner and the Coroner's Officer would be given statements from Pelly as they were taken.
10.
Superintendent Pelly had only a small team to assist him, namely, two Chief Inspectors. In his evidence before this Commission, he remarked that he was under continuous pressure from the Coroner's Officer to complete his work at the earliest opportunity. Pelly also remarked that he had noticed a parallel investigation by the Attorney General. He was informed by the Coroner's Officer, Mr. Moorfoot, that he (Mr. Moorfoot) had taken statements from Miss Claire-Marie Beeson (Crown Counsel), Michael Fulton and Mrs. Thomson. In fact, the impetus for this parallel investigation came from a Coroner, Mr. Hansen, who wrote on 4 February 1980, to the Attorney General, suggesting that the Police should interview Fulton regarding the contents of Lindsay's letter of 23 January 1980.
11.
In all, Pelly and his team took 83 statements, and he submitted his report in February 1980.
1 See Appendix 2 for a more detailed summary of the climate of public opinion at the time.