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80. Even if it were possible to pull the trigger within the time during which consciousness remained, the next question was whether or not the force from the firing of the weapon, i.e. the recoil, would be such as to throw the body, alternatively, would the gun virtually leap from the hands of the firer? The answer to this question, as provided by both Prescott and Mead, is that revolver 4894 produced very little recoil and would certainly not throw a person. The explanation lies in the fact that after a bullet is fired into the body, its energy is transferred to the body. The bullet from a .38 S&W would transfer insufficient energy to throw the body. The impact would cause the injured person to sway slightly, particularly if he is a heavy man like MacLennan who weighed about 180 lbs.
81. Energy is measured in terms of half the product of the mass of the bullet and the square of the velocity of the bullet. As will be seen from two graphs (Plate 28), a slight increase in velocity would increase the energy more than it would be for a slight increase in mass. The mass and velocity of the bullet used in revolver 4894 would be considered low when compared with the pistols and rifles most commonly used (Plate 29). Mead's opinion was that even if a body were hit by a high-powered or high-energy rifle, the body would not be thrown. He demonstrated his point quite forcefully by firing into two blocks of gelatine (simulating the texture of human body) weighing about 35 pounds, and suspended by wires. He first fired revolver 4894 and found that the movement was barely two to three inches. He fired into another block of the same weight with a .45 calibre pistol and found the swing to be not far different. The blocks of gelatine were roughly 1/5 to 1/6 of MacLennan's weight. In view of the fact that MacLennan would not be freely suspended, the impact created by any of the bullets from revolver 4894 would create even less movement. It would certainly not throw him, nor would the weapon leap from his hands.
82.
Could the five shots have been fired by an assailant? Both Prescott and Mead measured the bedroom, the position of the wounds, the positions in which the two bullet marks were found on the wall and the drawer, and came to the conclusion that even if an assailant were to fire into MacLennan in a contact position, it would have necessitated active co-operation by MacLennan. The most prominent factor was that two bullets were found on opposite sides of the room, one below the light switch on one wall (some five feet above the ground) and the other embedded in a drawer on the opposite side (some 16” above the ground). This meant that the revolver had to be fired from two directions. Both Prescott and Mead agreed that the bullet which hit the drawer unit must have been fired at approximately the same height, i.e. about 16" above the ground. The bullet which made the dent near the light switch would have to be fired from the opposite direction with the deceased bending forward slightly and having his back to the wall on which the switch was situated. Mead in his evidence stated that from a ballistics point of view, bearing in mind the cramped conditions of the bedroom, the only conceivable way for an assailant to shoot MacLennan would be if MacLennan had actively participated in some way as to enable the foregoing two shots to have ended up on opposite sides of the room. I therefore rule out the possibility of MacLennan having been shot by another.
83.
In my opinion, there could not be another person in the flat. My reasons for this conclusion are as follows:-
(a) There were no signs of struggle. All the windows in the flat wre secured (that is, latched on from the inside).
(b) The main door was locked from the inside, as was the bedroom door.
(c) The bedroom door, in addition, could not be locked from the outside, there being no key insert anywhere on the lock or the door knob. Any person who shot MacLennan in the bedroom would have to remain in the bedroom until the flat was broken into.
(d) If the assailant were to remain in the flat up to the time of the entry of the arrest party, he would have to either hide somewhere and slip out undetected, or alternatively, he would have been expected by members of the arrest party. The first possibility is difficult to conceive, particularly when the evidence before me show that only a limited number of people could go into the bedroom up and until the time the body was removed. After that, a search of the flat was conducted. There was only one item in which a person could hide, the wardrobe. It would be fantasy to think that a person hiding himself in the wardrobe would be able to slip past Trotman, Quinn, Loughrin, the Forensic Pathologists, the Ballistics Officers and the Photographers, without being recognized and challenged, not to mention the people outside the corridor, most of whom were trained policemen. The second possibility, namely, that the arrest party expected the assailant in the flat, would involve a conspiracy of gigantic proportions, involving as it would have to be, Trotman, Quinn, and all members of the arrest party as well as Stevens and Mrs. Gafoor the Manageress (themselves totally unconnected with the Police, with Stevens, in particular, supposedly looking after MacLennan's interests). Such a conspiracy would be impossible; indeed, I would refuse to believe this. All these persons gave evidence before the Inquest and the Commission, and it would be a feat unknown in the history of crime, for such a gigantic conspiracy to remain undetected for so long.
(e) Even if it were possible, although admittedly the possibility is so highly remote as to be inconceivable, that an assailant might have been in the flat prior to the time of entry, it would be difficult to explain why there were no signs of struggle in the flat. It might be argued that the assailant might well put things in order after the deed was done. However, I find this hypothesis difficult to accept for no matter how carefully things were re-arranged, it would be almost impossible to arrange every thing in its original position.
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