9
3
60.
Thus, probably out of resentment towards MacLennan, Brooks and Quinn approached and pressed Fulton to supply information, but in the end they did not obtain any evidence from Fulton. On the other hand, Quinn put pressure on Liu Man, in the circumstances not improperly, to supply information, and Liu Man in turn pressed Peter for names. Peter then disclosed the names of MacLennan and Logan. Peter's emergence was not prompted by any inordinate interest in MacLennan. The emergence of Peter formed the first credible lead against MacLennan which, according to guidelines laid down in the SIU Charter, had to be followed up because he was a member of the law enforcement agencies. There was, therefore, nothing improper for the SIU to then pursue the MacLennan (and Logan) investigations with such vigor and speed as their resources permitted. In fact they were duty bound to do so. From the time of Peter, the interest in MacLennan was no more than ordinary police interest in a suspect.
61. Having said the above, there were certain improprieties in the handling of the male prostitutes (viz. threats, inducements, assaults) and the failure to use police notebooks in interviewing informers. However, my view is that these improprieties were not prompted by any inordinate interest in MacLennan nor were they intended to produce any fabricated evidence. Quite the contrary, these improprieties were intended, at least in the minds of the SIU Officers, to force the witnesses to tell the truth which they had shown great reluctance to do.
62.
Having given very careful consideration to the matter, I find that the evidence against MacLennan was credible but improperly obtained in the manner described in the immediately preceding paragraph.
63. In November 1979, ex-Crown Counsel, Howard Lindsay, informed the Attorney General that Brooks and Quinn had asked Fulton to introduce a young man to another man who was being investigated in order to ascertain whether or not the latter (the Attorney General knew MacLennan was being referred to) was a homosexual. On 20 December he received a similar complaint from Mrs. Elliott. The Attorney General did not act on these complaints for a number of reasons. One of the reasons was that he thought Lindsay and Mrs. Elliott had motivation against the police, that they were not themselves prepared to take their complaints to CAPO, and he considered that he, a new Attorney General, was being manouvred into being used to make a complaint. Whilst I accept the Attorney General's explanations for not referring to CAPO the complaints by Lindsay and Mrs. Elliott, however, the existence of such allegations, whether true or not, should have caused him some concern as to the propriety of SIU investigation into MacLennan. It is significant that in a minute to the Governor (dated 1 February 1980, shortly after MacLennan's death), the Attorney General wrote that he had always been unhappy about the employment of Quinn in the SIU.
64.
In my view, with the Attorney General's reservations about Quinn, he should have at least asked Moor to ascertain the truthfulness of Fulton's allegation or alerted the Director of Public Prosecutions and/or the Senior Crown Counsel Mr. Duffy with a view to ensuring that the evidence against MacLennan had been properly obtained. There is no evidence that the Attorney General did either. The Attorney General's omission was however not improperly motivated.
65. I find that the charges to be preferred against MacLennan were properly brought, though the Attorney General should have exercised greater caution in the light of the Fulton allegation and his own reservations about Quinn.
F.
CIRCUMSTANCES SURROUNDING THE DEATH OF INSPECTOR JOHN MACLENNAN
66. In December 1979, MacLennan was warned by at least one male prostitute, Jimmy, that he had given a statement to the SIU implicating MacLennan. On 14 January 1980, Trotman informed MacLennan that the SIU would interview him the following morning at 10.30 a.m. at Trotman's office. Not unnaturally, MacLennan was worried. At about 5.00 p.m., Superintendent Pelly saw him in the Ho Man Tin Officers' Mess and did what he could to comfort him and offered advice. On Pelly's suggestion, a solicitor, Mr. Llewellyn, was contacted and there was a meeting between him and MacLennan the same evening. It is significant that MacLennan mentioned Peter to Llewellyn, but at no time did MacLennan suggest that it was because he had seen the names in certain files in the Special Branch that the investigation had been continued.
67. MacLennan failed to present himself at Trotman's office at 10.30 a.m. on the 15th. Accordingly, the SIU arresting party under Quinn went to MacLennan's flat, accompanied by Trotman and MacLennan's solicitor, Mr. Stevens. As no one answered the door bells or knocks on the door, and it was impossible to open the door with the Manageress' (Mrs. Gafoor's) master key, they broke down the front door and gained entry at 11.48 a.m.
68.
On the desk in the flat was MacLennan's note written on an envelope, saying "Please, please tell my family it was an accident and that I was a good police officer. JM 0610 hours 15.1.80." There is conclusive evidence from handwriting experts that the note was in MacLennan's handwriting.
69.
The bedroom door was locked from the inside and had to be forced open. MacLennan's lifeless body was found on the floor between the bed and the windows. A revolver (no. 4894) was by his side, drawn at about 6.00 a.m. that same morning by MacLennan, on the pretext that he was going on a raid. There were five gun shot wounds in the
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