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In his detailed investigations (which are well-documented in his covering report, a copy of which is reproduced at Appendix 39), he covered all the matters relating to the allegations which had been made following MacLennan's death, as well as the circumstances in which MacLennan's body was found, including, in particular, the following matters:-
13.
14.
(a) The events now known as the "Yuen Long Incident", covering all the files relating to the matter, and interviewing the principal officers involved in the termination of MacLennan's contract, and the subsequent
reinstatement.
(b) MacLennan's performance as a Police Officer, which included interviewing previous Senior Officers to trace his postings and movements as well as seeking their comments on his general behaviour and performance during such postings.
(c) The work undertaken by MacLennan while he was in Special Branch, including interviewing the officers
under whom MacLennan worked during his one month in that Unit.
(d) The charges which were to be brought against MacLennan on 15 January 1980, including interviewing the officers involved in the investigation and the bringing of those charges, and four of the potential witnesses against MacLennan. It was Pelly's intention to interview all five potential witnesses, but one remained elusive despite efforts to trace him.
(e) The views which were held by MacLennan's friends and acquaintances 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) The events on the morning of 15 January 1980.
(h) Opinion evidence by experts, namely, pathologists, ballistics and fingerprint experts.
(i) Matters relating to the allegation that MacLennan had been "framed-up" or "set-up", including interviewing
Clancy, Fulton, Mrs. Elliott, Claire-Marie Beeson and Haldane.
2
In his covering report to the Coroner, Pelly came to this conclusion:-
"All available evidence would indicate that the possibility of foul play including homicide can be ruled out, having regard to all the facts including the locked doors and windows, the absence of any signs of struggle and the fact that nothing would appear to have been stolen or damaged. Some characteristics of the Post Mortem and Ballistics report are consistent with someone taking his own life, and the fact that no strangers were seen in the vicinity by the watchman in the early hours of the morning is relevant.
It is sometimes extremely difficult to ever attempt to suggest a motive for suicide but in this case an obvious suggestion must be put forward. The evidence of those who knew him well and the criminal evidence against him show a man who probably led two completely separate lives, and, whereas he led a life of high personal values and principles in front of his friends and in the course of his constabulary duties, he also led a twilight life that was not only against the law as laid down in Hong Kong but also against the high moral code that he outwardly professed. It is likely that he knew that he was going to be arrested and he took his life not only to pre-empt the course of justice but also to avoid the adverse publicity that a case would bring. At what stage he made this decision will never be known."
Pelly's investigations were as exhaustive as was humanly possible given the time that he had to complete them, i.e., one month. In this short space of time he had inquired into not only the immediate circumstances of death, i.e. how, why and when MacLennan had met his death but also into matters which might, and indeed were, considered to be too remote from the legal parameters of a death inquiry. The extent to which I differ from his findings will be apparent from previous chapters, but that is not relevant as to whether or not a properly motivated and exhaustive inquiry had been conducted by Pelly. From what I have seen of Pelly's report, the statements taken by himself and members of his team, his evidence before this Commission, and the evidence given before this Commission by witnesses seen by Pelly in the course of his inquiries, I am in no doubt whatsoever that Pelly's investigations were properly motivated and properly conducted with no shortcomings. Indeed, I would endorse Mr. Clancy's opinion in his minute to the Deputy Commissioner of Police, after the Inquest, that "Mr. Pelly, SP, is to be complimented on his very exhaustive and complete investigation.
3
C. SUPERINTENDENT PELLY'S INVESTIGATION OF THE MATTERS RAISED IN LINDSAY'S LETTER
15. On 23 January 1980, a copy of Mr. Lindsay's letter reached the Director of Management and Development (DMD). The letter, as has already been seen, concerns the Fulton allegations. The Chief Staff Officer in charge of Complaints and Investigations, Chief Superintendent Sheppard, submitted on file that it was "for consideration whether this should now be treated as a complaint against Police for investigation by CAPO. If so, Mr. Fulton will be invited to
2 See Pelly Investigation File, Covering Report paragraphs 140–141.
3
See M. 3 in Pelly Investigation File.
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