49
75 Then came Mr. Illingworth's minute. It exhibited a strong view and prejudice which he could not justify in evidence. Based on a single meeting on a social occasion, Illingworth had MacLennan “tagged” as a homosexual. He admitted in evidence his minute could be regarded as unfair and prejudiced. He said, “I did not think or imagine for one moment that file was ever going to be subject to public scrutiny otherwise I would not have written that story.'
76.
51
Illingworth also, in his statement, used words and expressions which he came to regret in evidence. He described MacLennan's behaviour during that social occasion as "effeminate". 52 But when cross-examined, he could not justify that description and he agreed the behaviour he witnessed could have been that of a boisterous schoolboy rather than a mature man. He described efforts by MacLennan's friends outside the Force as a "misguided attempt by ill-informed persons to put an imagined wrong right." In evidence, he had to admit that it was a "desperately unwise" statement which again he could not justify.
953
77.
Illingworth is a very senior and experienced police officer. He no doubt appreciated the effect which his minute might have on MacLennan's fate. For him to make such strong criticisms, and as I find, to make them entirely without basis or justification, was ill-advised and careless. He was motivated by a revulsion, if not abhorrence, of MacLennan's behaviour at one social function, after a few beers.
78.
Illingworth said in evidence he did not think there was any ground for termination (and yet he made reference to an "imagined wrong"). That was why, he explained, he suggested an alternative in paragraph 3 of his minute (see para. 29): as local views remained very puritan, and as the locals in the District would come to hear rumours about the complaint, MacLennan should be removed from his District. 54
79. If Illingworth's view as expressed before the Commission is accepted, that puts Mr. Henry in the singular position of being the only senior officer, among all those that gave evidence before me,
,55 who thought MacLennan's services should be terminated. I do not however accept Mr. Illingworth's evidence described in the paragraph above. In my considered opinion, it has every appearance of a change of heart on a later date, or an attempt to explain away what he now regards as an unjustifiable opinion. Read in its proper context, the message in his minute is clear: MacLennan must go, but if the Acting Commissioner of Police decided to keep him in the Force, then he must at least be removed from the New Territories. The so-called alternative was not a real alternative at all. The motivation on the part of Illingworth was nothing more sinister than prejudice against MacLennan. The harm resulting from the prejudice (i.e. Mr. Henry's decision to terminate MacLennan's contract) was fortunately soon eliminated by MacLennan's reinstatement.
80. When Henry first saw the Yuen Long file on 19 October 1978, he had, I accept, an open mind. He noticed Illingworth had not yet been consulted. I do accept that he wanted Illingworth's views because, he had a high regard for his integrity and character, his capability as a senior police commander and for his general conduct of life. Above all, in his position as the New Territories District Commander, Illingworth would have more intimate knowledge about an incident in New Territories and its effect on local conditions. Indeed, he might even know something about MacLennan.
81.
Thus, Henry received Illingworth's minute, considered the Yuen Long file, and probably read through MacLennan's personal file as well. He decided to terminate MacLennan's contract. I am fully satisfied that his decision was properly motivated.
82.
As I interpret Mr. Henry's evidence and his statement, he had three main reasons for his decision:-
(a) the reasons as expressed by Illingworth in the third paragraph of his minute;
(b) an assessment of MacLennan's general "character, demeanour and behaviour" with a conclusion that he was
not suited to the Force; and
(c) the policy reason based on the good of the Force as a whole.
I shall deal with each of these reasons separately.
(a) Paragraph 3 of Illingworth's minute
83.
That was the reason Henry gave in his minute 19 on the Yuen Long file and a reason he repeated in his evidence. But it is obvious that whilst he was perfectly entitled to seek and rely on Illingworth's views, Henry had misread the message in that paragraph. When Illingworth wrote: "too many persons both within and without the Force from the R(ank) and F(ile) and local community are aware of this matter and local views remain very puritan in this
51 Transcript page 2813.
52 Statement dated 18 February 1980.
53 Statement dated 18 February 1980. 54 Transcript page 2782.
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