14
15
243
Find
21.
The possible legal position of the SIU instructions to Inspector Fulton comes under one or more of the following categories:-
22.
(1) If the proposition was merely for the introduction of one homosexual to another, this created an opportunity
for the offence but did not itself amount to an offence.
(2) If the proposition implied that the homosexual friend should incite or entice Inspector MacLennan into committing any homosexual act, and even if Fulton was not prepared to go along with it, Brooks might still be guilty of:
(a)
(b)
an attempt to incite or procure an offence through Inspector Fulton and his homosexual friend; and
an attempt to incite Inspector Fulton to commit an offence, namely to incite or procure a homosexual offence, 14
On the basis of Inspector Fulton's own evidence, and that of Chief Inspector Quinn (see above), I am satisfied that Fulton was instructed to introduce a homosexual friend of his to Inspector MacLennan for the purpose of trying to assess from the reactions of Inspector MacLennan towards him, and to see from what subsequently happened, whether Inspector MacLennan was a homosexual or not. This instruction clearly falls under category (1) above.
23. Whilst I accept that neither Brooks nor Quinn had the intention of inducing Fulton to "set-up" MacLennan, they would have realized, had they lent their minds to it, and having regard of Fulton's timorous nature and vulnerable position as a homosexual, that Fulton might have construed what Brooks and Quinn said as an attempt to put pressure on him to arrange a homosexual contact between himself or friends of his and Inspector MacLennan. Quinn conceded that they should have taken these matters into consideration at the time. He is however adamant that he wanted Fulton to establish whether MacLennan was a homosexual or not by means other than committing a homosexual act, though he now appreciates that that contact might lead to a homosexual act. 15 I have already stated in Chapter 5 that the attempt use of Fulton to approach MacLennan was improperly motivated by the resentment of Brooks and Quinn towards MacLennan.
It is also stated in the DCI's confidential circular No. 1/77 (which has the force of an order, the breach of which entails a disciplinary offence) that:-
"No member of a Police Force and no Police informant should counsel, incite or procure the commission of a crime.” See Transcript pages 7551-7560.