182
117.
light.
(a)
118.
Mrs. Elliott was determined to interpret what could be simple and straightforward facts in the most ster
When MacLennan was reinstated in 1978 after the Yuen Long Incident General Purdon decided to transfer him out of New Territories. It was meant to give MacLennan a fresh start in an environment where his past would not be known. Yet Mrs. Elliott regarded that as the first step in the conspiracy which eventually brought about MacLennan's death. She wrote to the Attorney General on 19 January 1980:—88
"The first move against him was to remove him from the magistracy where he had friends who trusted him. Had he still been there, he would no doubt have told them of his problems and would have been alive today. The next step appears to have been a deliberate plan by two policemen named Brooks and Quinn to frame him."
During her interview at the Aileen Bridgewater Phone-In Programme on 24 January 1980, she said: 89
"He was moved immediately from his original job into Ho Man Tin and warned you see. So he was obviously a target."
(b) MacLennan was cremated about a week after he died. Inquiries showed that there was no waiting list at the Cape Collinson Crematorium at the material time. In fact, the police requested for a delay in the cremation so that MacLennan's parents could be consulted. Cremation was only applied for after the parents had indicated their consent. Without knowing the relevant facts, Mrs. Elliott made public her own views of the matter. She said at the Aileen Bridgewater Phone-In Programme on 24 January 1980:—9o
“... they seemed very quick is (sic) get on that one, didn't they?... Without even having his parents here. I don't know if the parents gave consent. The parents wouldn't be in a position to know, I wouldn't think ... Well when I heard he had been cremated I thought well that's the perfect cover up. If it is a murder--how can I say? How can anybody say without examination?"
She wrote to Professor Usher on 2 October 1980:-91
"Since only one pathologist saw the body I keep wondering if there was any cover-up, simply because his body was cremated hastily.”
And even when her own expert came back with the opinion that it must be suicide; she said, amongst other things, he had not seen the body, thereby implying that the expert's opinion was questionable. So she continued to cling steadfastly to her view that there was "unholy haste" in cremating the body and this made her suspicious.92
(c) The Legal Department tried their best to be open with Mrs. Elliott. The Attorney General invited her to his Chambers on 24 January 1980 and there she was shown statements of various male prostitutes admitting to the various homosexual acts with MacLennan. She was also invited to see Mr. Moorfoot, the Coroner's Officer on 22 February 1980 and there he said, "I want you to ask me any question you like about the John MacLennan case and I will try to help you to clarify your mind."93 Yet when she differed with Crown Counsel in her recollection about these meetings, she was convinced the other side must be misleading her ("perhaps not intentionally")94 or was lying.95 There was for her no room for genuine misunderstanding or faulty memory. And she wrote to Mr. Duffy, Crown Counsel, on 1 April 1980:—9
96
"To a person genuinely worried about the MacLennan case, it just appears that there is a conspiracy to hide something going on. In fact, many who have no personal interest in the case are firmly of the same opinion. It does no credit to your department, nor to the Government in general, to appear in this light. I admit that I despair of ever finding justice.'
98
Mrs. Elliott began with a suspicion that MacLennan's death "could be murder".97 She was, as early as 19 January 1980, calling for a public inquiry.99 We have now arrived at the end of a long public inquiry. And when Mrs. Elliott came to give evidence before me, the Commission has already called and heard evidence from all those who had any direct or independent knowledge of the circumstances leading to MacLennan's death. Mrs. Elliott also had the benefit of the opinion from her own independent Forensic Pathologist in England, and I have no doubt that she also
88 See Commission File A, page 86V.
89 See Commission File D(i), page 48. See also Mrs. Elliott's letter to the Governor dated 29 January 1980.
90
See Commission File D(i), page 51.
91
See Commission Exhibit No. B200.
92 See Transcript pages 11180 and 11197.
93 See Transcript page 11161.
94
95
See Mrs. Elliott's dispute with Mr. J. Duffy as to whether he gave her the impression that he took the statements from the eight witnesses against MacLennan. See Mrs. Elliott's letter to Mr. Duffy dated 1 April 1980. Also see Commission File N, page 35.
Mrs. Elliott's dispute with Mr. J. Duffy as to whether the file she was shown on 24 January 1980 was the same as the MacLennan Prosecution File. See Transcript pages 11153, 11275 and 11366.
96
See letter to Mr. J. Duffy dated 1 April 1980. See Commission File N, page 36.
97
See Transcript page 11261.
98 See report in the Sun dated 19 January 1980.
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