15.
241
Chief Inspector MacKillop. On 18 January 1980, three days after MacLennan's death, MacKillop met Fulton at the Wine and Cheese Bar. Apparently Fulton was very upset and said he felt that he was in some way responsible for MacLennan's death. MacKillop reassured Fulton that MacLennan's impending arrest had nothing to do with anything he had told the SIU. They spoke for several hours and eventually parted when Fulton had calmed down. According to MacKillop, Fulton told him that he was very sorry about all the trouble he caused to the SIU and offered individual apologies. MacKillop also claimed that Fulton admitted to him during this meeting that he (Fulton) had been wrong in his assumption that he had been asked to set MacLennan up.
8
The next morning MacKillop wrote a note of what was said at this meeting. In MacKillop's note, there was no suggestion that Fulton offered any such apology except that reference was made to MacKillop's denial of having asked Fulton to set up MacLennan.
MacKillop referred to this aspect of the meeting in these words:
"He then went on to say: "When you asked me to set him up"-I interrupted his sentence and explained that the SIU had never asked him to set MacLennan up. He was merely asked as a practising homosexual to ascertain whether or not MacLennan was a homosexual. There was never any suggestion of a "set-up". Fulton made no reply to this
statement.
99
MacKillop said in evidence that, although Fulton did not spell it out specifically, he understood, taking into consideration of the context of the meeting, that it was an admission by Fulton that he was wrong in his assumption and wanted to apologize for having made the assumption. I do not accept MacKillop's evidence that Fulton had made such an apology to him.
(10) Senior Superintendent Clemence. According to Clemence, during their frequent discussions after MacLennan's
death, Fulton had at an early stage gave him the impression that the SIU had wanted him to arrange for one of his homosexual friends to form a relationship with MacLennan. As Fulton was about to give a statement to the Coroner's Officer, Clemence advised Fulton to clear his mind as to what exactly he was asked to do. After extensive questioning by Clemence, Fulton's final comments were that he was asked to provide further information on MacLennan's contacts.9
Why did different people had different impressions or understandings of what Fulton was asked to do? I am satisfied that Fulton was not being deliberately untruthful by changing his story from time to time. The answer lies, I believe, with the pliant character of Fulton. In this connection it is useful to quote at length McDaid's assessment, which I accept, of Fulton's pliancy:—10
"Mr. Beveridge:
Mr. McDaid:
Mr. Beveridge:
That brings me to the last or the second last matter that is the question of his pliancy which is another characteristic of his which you have told us. Is that something which might operate so that he would not always adopt the same emphasis when telling the same story to different people, or is it something which might cause him completely to alter the same story and alter the facts?
No, I think the facts remain the same. The only thing which would change was his reaction.
But a man who is pliant I take it to you means someone who can be moved by the persons or environment in which he finds himself?
Mr. McDaid:
Mr. Beveridge:
Mr. McDaid:
Mr. Beveridge:
Mr. McDaid:
Mr. Beveridge:
Mr. McDaid:
Mr. Beveridge:
Mr. McDaid:
Mr. Beveridge:
Mr. McDaid:
Mr. Beveridge:
Mr. McDaid:
Yes.
Pliable in the hands of different people?
Yes.
Implying that different people may move him in different ways?
Yes.
In contrast to a man who always will say just the same thing in whose ever presence he finds himself?
Yes.
So I take it from that do I that Inspector Fulton might appear to be one thing to one person and another to another person?
Yes.
So he might appear to be one thing to you and another thing to the SIU?
Yes, indeed.
And another thing again to Mr. Clancy?
Yes.
8 See paragraph 5 Exhibit No. B128.
9 See Transcript pages 2017-2083.
10
See Transcript pages 3369–3370.
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