240
13. I also accept McDaid's assessment of Fulton's character: pliant, garbled; sometimes found it dif t to differentiate what the truth was; on occasions highly irrational and confused; when under pressure he would merely comply and not consider any alternatives. By the time Fulton had to write to the Commissioner of Police (on 10 October 1979), he was in an extremely disturbed and anxious state.
Different Understanding of the Fulton Allegation
14. In his numerous conversations about his association with the SIU, sometimes Fulton referred to the "set-up", sometimes not. The following is a brief summary of what was the understanding of a number of persons whom Fulton had approached:-
(1) Inspector McDaid. According to McDaid, Fulton told him that Brooks and MacKillop wanted him to introduce a homosexual to MacLennan and reported back to the SIU on what occurred. Fulton was in a very nervous state and incapable of “rationalising" the situation. As Fulton was confused and garbled, McDaid had to question him in order to get the story out of him.
(2) Mr. Haldane. He is the Senior Partner of Haldane & Co., the firm of solicitors consulted by Fulton on 28 August 1979. Mr. Haldane saw Fulton on two occasions, the second occasion being on 10 October 1979, and the first about two weeks before. His recollection of what had transpired was hazy. From those meetings he held the view that there was no offence of incitement to commit a crime, but he readily admitted that had such an allegation been made to him, it would have merged into Fulton's general complaints of undue pressure.
(3) Mr. Gurney. He is the Managing Clerk of Haldane & Co. who also met Fulton on 10 October 1979. Gurney saw Fulton for about an hour. Mr. Haldane also attended the meeting for part of the time. Fulton's primary concern was the possibility of being arrested for homosexual offences. He was also concerned with orders which he had received from Senior Police Officers (Brooks and Quinn) directing him to make inquiries about another un-named European Police Inspector who was believed to be a homosexual. He did not like the order because the Inspector was a fellow officer and he felt he was unable to comply with the order because he knew nothing about that Inspector or about his homosexual activities. Gurney's evidence is that Fulton did not specify any particular enquiries or any particular manner in which he was to gather information.
On 16 January 1980 Fulton came to Gurney's office and for the first time told him that MacLennan was the officer he had been told to provide information about. Fulton was very distressed.
According to Gurney, Fulton never mentioned anything about a "frame-up" or "set-up". It was Lindsay who, sometime after 10 October 1979, suggested that Fulton had been asked to frame-up MacLennan, i.e. to introduce his own friend to Inspector MacLennan, and Lindsay called this a "frame-up". Gurney did not think it "smacked of illegality”.
(4) Superintendent Merritt. He spoke with Fulton on 11 October 1979 but Fulton said nothing about a "frame-up"
or "set-up" (see Appendix 20).
(5) Mr. Clancy. At his meeting with the DCI, Clancy, Fulton also did not suggest a "frame-up" or a "set-up". (6) Mrs. Elsie Elliott. Sometime before 26 October 1979, Lindsay telephoned her and said he was very upset about a Police Inspector who was being asked by Quinn to try to bring trouble to another Police Inspector by taking boys to the latter's house for homosexual purposes. About half an hour later, Fulton telephoned her and said Brooks and Quinn had wanted him to give information about homosexuals and also to find information about MacLennan by taking boys to his house and then the boys could become witnesses. Fulton told Mrs. Elliott he would refuse to do it because it was incitement to crime. She advised him to tell the Attorney General but he said if he did that he himself would be arrested and charged with being a homosexual. She then advised him to see a lawyer. On her telephone conversations with Lindsay and/or Fulton, she used the term "frame-up". 6 (7) Mr. Howard Lindsay. He spoke of Fulton being asked to "frame-up" MacLennan. He also complained to the Attorney General that Fulton was a victim of criminal intimidation as he was asked by Quinn and Brooks, to "incite a criminal offence". I consider that Lindsay was probably exaggerating what Fulton had told him because of his bitterness and hatred towards SIU and Quinn in particular. It is interesting to note McDaid's evidence regarding Lindsay. McDaid said under cross-examination, that if he had known Fulton's involvement with Lindsay, he most probably would have advised Fulton that he better watch out. The reason why he would have given such advice was that Lindsay might be exploiting Fulton for his own purpose and Fulton was somewhat pliant.7
(8) Miss Claire-Marie Beeson. At a meeting in November 1979 between Haldane, Lindsay, Fulton and Miss Beeson (a Crown Counsel), Fulton's contact with the SIU was discussed. According to Miss Beeson's statement read out at open hearing: "Fulton considered that he was being asked to take part in a "frame-up" and that this was outside the terms of the information agreement that he had entered into with Quinn."
6 See Transcript pages 11140-11143.
7
See Transcript pages 3329-3330.