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DCN that from his record of service he appeared to be a competent and intelligent officer and he could not see why Fulton should not have a good future within the Police. Clancy then put a note on Fulton's personal file. It reads:—
"Today at his own request I interviewed Mr. Fulton who had asked also for an interview with the Commissioner of Police. He indicated that he was concerned about information concerning certain unlawful activities which he felt that he was being pressed to undertake activities which he thought were outside his own particular duties. He acknowledged that he had a responsibility as a police officer to provide information on unlawful activities and would continue to do so. I undertake to clear up any misunderstandings or ambiguity with the SP in charge of the SIU, and have done so. Mr. Fulton expressed concern about his future prospect in the Force. I informed him that his record reflects that he is a well educated intelligent police officer and I had no reason to believe that his future in the Force would be other than bright.
Mr. Fulton then indicated that he did not wish to pursue the issue of an interview with the Commissioner of Police."
Subsequently, Merritt read to Fulton the contents of that note.2
7.
For a full account of Clancy's interview with Fulton, see Appendix 21, based on the evidence of Clancy, whose account I accept. Clancy considered that it would be wrong to write anything in the file which implied that Fulton might be the subject of an investigation, there being nothing more than suspicion against him.3
8.
After the meeting, Clancy got in touch with Brooks immediately and instructed him that he was not to use Fulton as an informer again without his (Clancy) express permission. Clancy did not preclude the use of Fulton but he thought that Fulton would have to be used (if he was to be used at all) in a very carefully handled manner. Clancy told Brooks that he thought that there was a possible element of risk in using Fulton in future in that in the past he had been used as a sounding board by the SIU to check information which they had gleaned from other sources and he did not think that that should be done any longer in relation to Fulton.*
9.
From that day onwards, Fulton's association with the SIU ceased.
Fulton and Lindsay
10. At the end of October 1979, Fulton saw Lindsay at the Lee Gardens Hotel where Lindsay was then staying. Lindsay himself was at that time on bail and awaiting trial. Fulton was nervous and agitated and in fear about his future. Fulton told Lindsay many things. One of the things he told Lindsay was that Duffy had told Quinn that Fulton was a "queer" and that Quinn wanted Fulton to be an informer for the SIU. He also told Lindsay that he had acted as informer for about a year. Fulton further said about a month previously Quinn and Brooks had met him and said they were not satisfied with his information since these informations were vague. According to Lindsay, Fulton told him that he was asked to co-operate in a conspiracy in a “specific matter”, or the "agreement" would be terminated (i.e. Fulton was to "set-up" MacLennan by introducing identified boys to MacLennan for "entrapment"). It is to be noted that Lindsay and Fulton understood differently what Fulton was asked to do. Lindsay told Fulton this was a criminal offence and Fulton himself was a victim of criminal intimidation. Lindsay suggested that Fulton should swear a complaint against Quinn and Brooks before a magistrate and have Quinn and Brooks arrested; Lindsay telephoned Judge Daniell, Mrs. Elliott, Huthart's lawyer and also his manager. The following morning, Fulton telephoned Lindsay and said he had been seen by "the top brass" at Police Headquarters and there was “a lot of back pedalling" and Fulton was persuaded not to proceed against Quinn and Brooks and was assured that his future was guaranteed and the SIU pressure would be greatly reduced.
11.
As Fulton was keen to stay on in the Police Force, he decided not to make a formal complaint against Quinn and Brooks but asked Lindsay to approach the Attorney General. Lindsay was acquitted on 16 November 1979. On or about 20 November 1979, Lindsay saw the Attorney General and put Fulton's complaint about the "conspiracy" to the Attorney General. No action was taken by the Attorney General. On 5 November 1979, Lindsay again met the Attorney General and mentioned MacLennan's name. The Attorney General refused to take action without formal complaint to him or to the CAPO. (See Chapter 5 Section L and also Appendix 22 on Lindsay's evidence on other matters). Fulton never in fact made a complaint to CAPO.
The McDaids and Fulton
12.
Inspector McDaid and Mrs. McDaid are Fulton's closest friends in Hong Kong. Fulton regularly discussed with them his meetings with the SIU. Their evidence, particularly Inspector McDaid's, supports Fulton's evidence of those meetings. I am satisfied that Fulton was distressed by the role he was obliged to play and at no time relished the role of a "James Bond", as described by Graham or that of a “super sleuth”, as described by Quinn. Indeed, Merritt and Brooks both said Fulton was very frightened. Even Quinn conceded that on occasions at his meetings with the SIU, he was almost terrified.5
2 See File Q, page 121.
3
See Transcript pages 9337-9338.
4 See Transcript page 9185.
5
See Transcript page 7551.
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