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make a statement. .”4 The DMD handed the file to the Deputy Commissioner (Operations), Mr. Moor, who back on 4 February 1980 in the following terms:-
"DMD DCI
Mr. M. N. W. Pelly, SP (ADS/KC)
2.
5
I received this L/M from the hands of DMD P.M. Tuesday 29.1.80.
I have studied the contents of this photostat copy of a letter to the Coroner Mr. J. W. Hansen from Mr. H. G. Lindsay who, I understand, is at present residing in Manila, Philippines, having resigned from the Hong Kong Government Service in which he was employed as a Crown Counsel in the Attorney General's Chambers. His resignation from the Government service stemmed from charges which were laid against him for the offences of gross indecency, he was subsequently found not guilty based on the fact that the evidence of the witnesses concerned were unreliable, uncorroborated and were persons of known ill repute, i.c. practising male homosexuals.
3.
Having studied the contents of this document, it is obvious that it has a direct bearing on the investigation at present being conducted by Mr. Pelly into the death of John MacLennan, Inspector of Police, although at the same time it contains allegations against Mr. Brooks, SP and Mr. Quinn, CIP.
4.
My main concern at the moment is to complete the investigation in relation to the death of John MacLennan and any matter arising from this investigation can be dealt with as a separate issue, i.e. a Complaint Against Police with a parallel investigation if considered necessary, but at this point in time I am not prepared to make a decision to institute a second investigation which will obviously mean interviewing the same witnesses twice until I am convinced of the need.
5.
I, therefore, direct Mr. Pelly to continue with his investigation and it will now be necessary for him to re-interview Mr. Fulton (from whom he has already taken two statements) to ascertain the truthfulness of the contents of this document and whether or not he made such statements to Lindsay. If there is any question of a Complaint Against Police investigation we must obviously start with a complainant and it will, therefore, be necessary for Mr. Pelly to ascertain from Mr. Fulton in his third statement as to whether or not he wishes to register a formal complaint against either Brooks or Quinn or both.
6.
In addition, it will be necessary to record statements from the following with a view to either substantiating or refuting the contents of this document which at this stage is based on hearsay:----
(a) Mr. Fulton in regard to the entire contents of this document with particular reference as to whether or not he
wishes to register a formal complaint against Mr. Brooks, SP and Mr. Quinn, CIP;
(b)
Mr. Brooks, SP and Mr. Quinn, CIP in relation to the allegations;
(c)
A statement from Mr. Warwick Haldane, solicitor, and such other members of his staff who can assist;
16.
7.
(d) Mr. P. J. Clancy, DCI, in relation to the interview that he had with Mr. Fulton;
(e) Obtain extract from Fulton's confidential file (Pol 18A) in relation to his interview with DCI; and
(f) A statement from Claire-Marie Beeson, Crown Counsel, AG's Chambers.
When the above action has been completed and we have the statements from all concerned, then I shall be in a better position to determine our future course of action. Please ensure I am kept fully informed of developments."
As a result of this minute Pelly conducted a separate investigation within the main investigations for the Coroner. In my view it too was a competent and properly motivated investigation. On 26 February 1980, Pelly submitted a file to the Coroner and the Coroner's Officer, containing not only the investigations relating to the immediate circumstances of MacLennan's death, but also relating to Fulton's allegation. In his covering report to the Coroner, he concentrated on the term "frame-up" and did not consider whether or not the SIU might be guilty of misconduct relating to Fulton. He concluded by saying, "Fulton would appear to have been content with the situation after his interview with Mr. Clancy and this is corroborated by Claire-Marie Beeson. He has made the statement to the effect that he does not wish to make a formal complaint against any members of the SIU." Pelly submitted a separate covering report on 18 March 1980, six days after the Open Verdict, at paragraph 14 of which he expressed similar views:-
17.
6
"Conclusions
14. There is no doubt that Fulton considered himself to be under pressure from the SIU and this is not surprising. He has stated himself that he was a Police Informer, and all Police Informers are under some kind of pressure. Fulton has made it quite plain that he found what he was asked to do by the SIU to be distasteful and unethical and that this was the reason he saw the DCI. It is obvious that he has been goaded by Lindsay into trying to instigate criminal proceedings against Brooks and Quinn and it is equally obvious that Lindsay has attempted to use Fulton to satisfy his own ends in this respect. The fact is that Lindsay through Fulton was unable to convince anybody including his own solicitors that there was a prima facie case against Brooks and Quinn and he therefore felt frustrated."
In his covering report of 18 March 1980, he recommended that "no further action be taken at this moment, and at least until the final outcome of the Inquest is known (in the light of the Coroner's final remarks)." Pelly was clearly referring to the possibility of further investigations by the Coroner being directed by the Attorney General, Mr. John Griffiths, Q.C.
4 See M. 1 in File S, page 6.
5 Sce M. 2 in File S, pages 6-7.
6 See File S, page 4.