12
(f) Still, this does not explain why there were no signs of violence found on MacLennan's body apart from the five gun shot wounds. If a person were murdered, one would expect him to fall on pieces of furniture or on the floor. He might try to escape. Necessarily, this would mean at least some mark on his body to indicate violence either done to him or by himself. None of these signs could be found.
84. Save for some minor criticisms made with the benefit of hindsight, the investigations referred to under this section were proper and properly motivated. Having said that, it is nevertheless necessary to refer to two matters, if only because of the great interest shown in them. Firstly, it was said that Trotman should not have told MacLennan that he was to be interviewed by the SIU, thereby giving him advance warning. I am of the view that Trotman had, through his concern and consideration for his subordinates, committed an error of judgment, in the circumstances both understandable and forgivable. Secondly, it was said that MacLennan's hands should have been tested for gunpowder residue. Such tests were not routine in Hong Kong at the time. Whilst I agree that it would have been better if gunpowder tests had been carried out, I am of the view that it would be wrong to lay any fault at the door of Trotman or indeed anybody else for the absence of such tests.
G. MATTERS AFTER THE 15 JANUARY 1980
85.
On the 15 January 1980, Superintendent Pelly was appointed Investigating Officer. Owing to the public disquiet over the death of Inspector MacLennan the scope of Pelly's investigations were wider than usual. In his detailed investigations, he covered all the matters relating to the allegations which had been made following MacLennan's death, including, in particular:-
86.
(a) the Yuen Long incident,
(b) MacLennan's performance as a police officer,
(c) MacLennan's work in Special Branch,
(d) matters relating to the charges about to be brought against MacLennan,
(e) the views of MacLennan's friends as to his behaviour and frame of mind prior to his death,
(f) evidence of those who had seen MacLennan the day before his death,
(g) events on the morning of 15 January 1980,
(h) expert opinions,
(i) allegations of “frame-up” and “set-up”.
The report of his investigations was exhaustive. His conclusion was that it was a suicide. As to the motive of the suicide, Pelly suggested that MacLennan took his own life not only to pre-empt the course of justice but also to avoid the adverse publicity that a case would bring.
87.
88.
In my view Pelly investigations were competent and properly motivated.
Because of Howard Lindsay's letter of the 29 January 1980 concerning the Fulton allegations, the Deputy Commissioner of Police, Mr. Moor, ordered Pelly to conduct an investigation into those allegations. This was an investigation within the main investigations referred to in the preceding two paragraphs. In a separate report, Pelly concluded:-
"Conclusions
89.
90.
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 my view this too was a competent and properly motivated investigation.
On 30 June 1980 Fulton's allegations were referred to CAPO. It too appeared to have been a proper and thorough investigation, and properly motivated.
91.
Clearly there was to be a Coroner's Inquest into the circumstances of MacLennan's death. Mr. Leonard was the Coroner and Mr. Moorfoot (Senior Crown Counsel) the Coroner's Officer. Both the Attorney General and Counsel for the Police favoured a broad approach by the Coroner so that all of Pelly's enquiries would come out into the open. The Coroner however ruled otherwise (in my view correctly) and held that Section 20 of the Coroner's Ordinance and Rule