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THE EVENTS, AS REPORTED IN THE MEDIA,
LEADING TO THE APPOINTMENT OF THIS COMMISSION
Apaix 2
On 15 January 1980, John MacLennan, a Police Inspector, was to be arrested on eight counts of gross indecency. By arrangement with his senior officer, Senior Superintendent Jack Trotman, the arrest of MacLennan was to be effected at Trotman's office at the Ho Man Tin Police Station, at 10 a.m. When John MacLennan did not turn up, Superintendent Trotman tried to telephone his flat. There was no answer. Eventually, it was decided between the senior officer of the arresting party, Chief Inspector Michael Quinn, and Trotman that MacLennan should be sought at his residence. These officers proceeded to the Ho Man Tin Service Flats, where John MacLennan resided. After much ringing of door bell and knocking at the door, and finding no response, the arresting party decided to force an entry by breaking down the door. This was done. On entering the flat, a note written on a brown envelope was found on a desk in the sitting room. The bedroom door was locked. The arresting party decided to break down that door. When that door too was broken down, the room was found to be in darkness. The arresting officers, upon entering, then found MacLennan's body. No sign of life could be discerned. Five bullet wounds were found in his body. A service revolver was lying nearby.
2.
News of MacLennan's death quickly reached the media. When first asked, the Police declined to say how many wounds were found on the body. A Police Spokesman, however, was reported to have said that there was a strong possibility that MacLennan's death was suicide. In the next few days, it became known that MacLennan had been shot five times with a police .38 calibre revolver. The media showed a keen interest in the death and at this time, Mrs. Elsie Elliott entered the arena and was to become the main protagonist in the long public debates which eventually led to the appointment of this Commission.
3.
On 19 January 1980, Mrs. Elliott disclosed to the Sun that MacLennan was the victim of “a high powered Police frame-up", because he had investigated homosexual offences involving high ranking Policemen. In a front-page article, the Sun quoted Mrs. Elliott as having said that MacLennan was "put up" by senior policemen and dismissed from the Force two years previously until the Governor intervened and save his job. It was said that she had also recently came across another allegation of a "frame-up" of three police officers, including MacLennan, and had brought this to the attention of the Attorney General three weeks before MacLennan's death.
4.
1
In the next few days, Mrs. Elliott called for an independent inquiry into the death of MacLennan. She was widely quoted by the press at this time as having said that the circumstances under which MacLennan had shot himself five times in the chest were very doubtful and that this needed to be clarified in an open inquest.
5.
On 1 February 1980 the Coroner ordered an inquest into the death of MacLennan. However, as investigations had not by then been completed, no date was fixed for the commencement of public hearings.
6.
On 6 February, it was announced that the inquest would begin on 20 February. However, on 11 February, a further announcement was made that the inquest would be postponed for a further week to allow MacLennan's parents to attend the hearing. The hearing opened on 29 February when it was adjourned on application by Counsel for the parents, until 3 March. On that later day, the hearings of evidence began.
7.
Counsel for the Police, Mr. Andrew Hodge, submitted to the Coroner, Mr. David Leonard, that all allegations made as to whether or not MacLennan was framed in 1978, the circumstances which led to his dismissal and reinstatement, as well as the allegations as to whether or not another attempt was made to frame him again, should be inquired into. These were the factors, Mr. Hodge said, which might have affected the frame of mind of the deceased. The Coroner however ruled that it was impossible to give a blanket ruling at the beginning, but he did indicate that it was a matter of remoteness. It later turned out that the Coroner did in fact rule a number of questions inadmissible, and indeed did rule out some 40 statements, about half of the number taken by the Coroner's investigating officer, Superintenent Mark Pelly, and his team of officers assisting the Coroner. This ruling was in my view correct in law, but unfortunately it later became one of the cornerstones of heated controversy revolving around not only the circumstances of the death of MacLennan, but also the events which led up to his death.
8.
The Inquest was extensively covered by radio, television and both the English and Chinese press. In the light of Mrs. Elliott's earlier allegations, it was not surprising that the press had caught onto, and did give, prominence to each matter which was excluded from the Inquest. For example, on the 2nd day of the Inquest, Mr. Bernard Downey, Counsel for the parents, was to have asked Chief Inspector Quinn whether Quinn's description of MacLennan as "arrogant" and "brass-necked" sprang from knowledge which MacLennan might have had about other police officers. Quinn declined to reply, saying, "I think we are getting onto very dangerous ground here". The Coroner reportedly quickly ruled the question inadmissible despite "muted protests from Mr. Downey". In the course of Quinn's evidence, it
1 Giving evidence before the Commission Mrs. Elliott readily conceded that she was mistaken about the number of police officers said to have
been "framed" and it was only one officer, namely, MacLennan, whom she thought was framed.