SECRET
-6-
the outset which issues are relevant and in the course of the
hearing prohibits counsel from eliciting evidence which is not
demonstrably relevant to the issues in question. Occasionally
it will not be clear whether the line of enquiry might produce
evidence relevant to the issues and counsel might be given
some latitude to explore the matter until its relevance or
otherwise becomes apparent. In the MacLennan Inquiry the
there has been no clear ruling on which issues are
relevant so that no starting point for the consideration of the
relevance of evidence has been established. Thus after five
months of the resumed hearings we are just beyond the mid-
point of this Inquiry.
Appendix D contains an analysis of the witnesses who have
been heard since the Inquiry resumed and a note of the
conclusions, relevant to the terms of reference, which have
been suggested. They are four in number, viz. (a) MacLennan was homosexual/bisexual and probably committed the offences with which he was charged, (b) he committed suicide, (c) the
SIU personnel who investigated MacLennan had on occasions
been over-zealous, and (d) no connection between the 1978 Yuen
Long incident and the 1979/80 prosecution of MacLennan has
been established. The question of the short-comings in the immediate post-death period were thoroughly explored in the
Nelligan hearings and are not likely to be further examined in
any detail, So far as the terms of reference are concerned (copy at Appendix E) paragraphs (a), (b) and part of (c) have probably
been exhausted. This leaves the question of whether the evidence
against MacLennan was properly obtained, the "other investigations"
and the motivations behind both.
HE, the CS, the CP and his Deputy Moor, the AG and others have all been asked questions about the Duffy petition and the way it was handled and about the allegations of homosexuality
SECRET