58.
170
By 2 February 1980, it is clear that the Attorney General had in his possession a copy of Fulton's statem
of 28
January 1980 in which he denied he had been asked by the SIU to frame MacLennan. He had also in his possession a copy of Miss Beeson's statement in which Fulton had allegedly said he considered that he had been asked by Quinn to “frame” MacLennan. It is not clear, however, if the Attorney General had Fulton's statement to Pelly of 31 January 1980 in which he set out in detail what he was asked by the SIU to do in relation to MacLennan. Nonetheless, he wrote on 2 February 1980 to Mrs. Elliott, inter alia, in the following terms:-
59.
26
"This leads me to Mr. Fulton about whom you spoke in confidence to me. Since then his name has been openly brought to my attention by Mr. Lindsay and Father McGovern so that I consider I am no longer bound by the terms of confidentiality I gave to you. Following our meeting, through Fulton's lawyer, Mr. Holdane, (sic) whose name you provided to me, I asked Fulton to come privately to discuss the matter with my own Assistant. I had in mind that if he were prepared to repeat what you told me he had said to you the matter could then be taken forward from there. However, Mr. Fulton decided that he did not wish to be interviewed by my Assistant and told him so via Mr. Holdane (sic). Instead he provided in the same way a written statement he had made which denies that he was asked to frame anybody. Despite this I have told the Coroner's Officer that in my opinion he must see Mr. Fulton himself in the absence of any police and get to the bottom of this conflict between what Fulton apparently said to you and the written statement he has made. The Coroner's Officer tells me that the Coroner has directed him to do this and I have no doubt it will be done."
On 5 February 1980, the Governor replied to the Attorney General's minute of 1 February (see para. 57(5) above) and asked, "What is the truth of the Fulton allegations?" The Attorney General replied in a minute which
states:-
27
"Y.E.
It is not possible yet on any rational basis to say what is the truth. That will have to await the results of the enquiries by the Coroner's Officer and Superintendent Pelly.
60.
that Fulton undoubtedly told various people that he had been asked by Quinn and Brooks to frame MacLennan; I interviewed Miss Beeson myself when I saw her name in Mr. Lindsay's letter to the Coroner, and she confirms hearing Fulton say this;
2.
My guess is that the truth is likely to prove to be:—
(a)
(b)
(c)
I suspect that in fact Brooks/Quinn wanted to use Fulton as an agent provocateur rather than to frame;
I except it will be found that pressure was brought to bear on MacLennan because he learned that Quinn/Brooks were interviewing his boy-friends, and he was told by his superior that he was to be arrested;
(d) I expect it will be shown that Quinn behaved in an unsatisfactory fashion as a policeman during the Rockcorry
investigation.
3. I believe it will be demonstrated that MacLennan committed suicide, but that suspicion that he did not will remain with some people.
4.
Once Fulton has been seen by the Coroner's Officer, then I shall be in a better position to decide what further steps need to be taken.
(John Griffiths, Q.C.) Attorney General 5.2.80"
Moorfoot did in fact see Fulton on 15 February 1980 and Fulton provided him with a full statement consisting of handwritten pages and slightly amended and signed by Fulton. It traced the entire history of his association with the SIU and set out in detail what he was asked by the SIU (Brooks and Quinn) to do in relation to MacLennan.
61. Moorfoot also introduced Fulton, together with a copy of Fulton's statement of 15 February 1980, to Astin. Fulton apologized for not having acceded to Astin's request to provide a statement. Astin had read Fulton's statement. Astin stated that "I may have mentioned to the Attorney General at some subsequent stage that I had been introduced formally to Fulton by Moorfoot.”28
62. The Attorney General's inquiries rested at this point, when the Coroner's Inquest intervened. Clearly those inquiries were properly made and properly motivated. Throughout the Inquest, the Attorney General followed its progress fairly closely. Thus, soon after the verdict and even before the receipt of the Coroner's record, the Attorney General had a fair idea of what would be in that record. He already came to tentative views about his duty under Section 20 of the Coroner's Ordinance. He minuted the Governor on 22 April 1980 stating, inter alia, his tentative view that there would not be a re-opening of the Inquest because the overwhelming weight of the evidence indicated a suicide.29
26 See Commission File A, page 138BS.
27
See Commission File A, page 138BQ.
28 See Commission File A, page 1K.
29
Attorney General's minute of 22 April 1980 is reproduced at Appendix 44.