106.
84
, he
Bobby. He is 21 years of age and is now a factory worker. From 1978 until shortly after MacLennan's was a male prostitute. Most of his customers were introduced by Eddie. According to him, John MacLennan and Colin Logan were his only customers who were Government Servants. His address book however shows the telephone numbers of some other Europeans who might or might not be Government Servants.
107. His evidence lasted just over two and a half days. Inspite of discrepancies and omissions, and also one or two admitted lies, I find him the most reliable of all the witnesses who have given evidence about their homosexual relationship with MacLennan. There were matters which he frankly admitted to have forgotten, particularly dates. But his account of his relationship with MacLennan was supported by:—
108.
(a) his correct description of a group photograph (before it was shown to him at the hearing) in MacLennan's flat
at Yuen Long Police Station;
(b) his recollection that the number of MacLennan's flat at Ho Man Tin was either B410 or B401 (the correct
number is 410-B);
(c) his correct description of a scar on MacLennan's abdomen;
(d) the manner in which he took an articled clerk of the Commission's solicitors to MacLennan's Ho Man Tin flat,
giving the clerk the impression that he was very familiar with the premises; and
(e) his address book containing an entry which I find to be genuine, of MacLennan's telephone number. (This book was only produced by him as a result of cross-examination by Leading Counsel for the Commission. It had not been offered to the SIU previously. In order to produce it, he left the tribunal with an escort who remained with him until he found it in a drawer at his home.)
Bobby and MacLennan were very close. Their relationship lasted about a year, during which time they engaged in homosexual activities on 10 or 12 occasions, sometimes for money, sometimes not. From the summer to November 1979, Bobby visited MacLennan at his flat about once a fortnight. He last saw and had sex with MacLennan on or about 10 November 1979, some ten days before he was interviewed at the SIU.
109. There were five specific meetings to which Bobby referred. The first was at the end of November 1978. This was also the first time they met. MacLennan took Bobby to his flat at Yuen Long where they spent the night together. About three months later, sex took place in Ho Man Tin Hill Road Government Quarters in a flat belonging to an unnamed friend of MacLennan. This was followed by an occasion in April or May 1979, in MacLennan's flat in Ho Man Tin. The fourth meeting was also at MacLennan's flat, in mid 1979. The fifth was the last occasion referred to above, i.e. on or about 10 November 1979. On each of the five occasions, homosexual activities took place.
110.
On the 20 November 1979, Bobby was taken by two officers of the SIU to see Tin. Tin said Bobby must know many inspectors and he showed Bobby a photograph of MacLennan. Bobby was unwilling to help the police and wanted to protect MacLennan, so he said he was unable to recognize the person shown in the photograph. Tin then threatened Bobby by saying that he would prosecute Bobby for intimidation and blackmail and that he would detain Bobby at once. Tin also sent Sergeant Leung Sze-piu to bring a fingerprint pad to take Bobby's fingerprints. As Bobby still remained silent, Leung Sze-piu grabbed him by the shirt, shook him and delivered a blow. Tin then said to Bobby that if he would co-operate with the SIU, he would grant Bobby immunity. The Inspector also said if Bobby refused to tell, he would get Jimmy to prove that Bobby knew MacLennan. Afraid that his family might learn of his then occupation, he gave Tin a statement alleging homosexual connexions with MacLennan. In my view, the statement is true as far as it went. In evidence, he spoke of many more occasions during which homosexual activities with MacLennan took place. According to him, the reason for his having referred to only three of those occasions was that these had been "dragged out" of him by Tin while he had been able to keep the remainder to himself. I accept that explanation as well as the essential truth of his account of his relationship with MacLennan given at the hearing.
K. WHETHER THE EVIDENCE WAS PROPERLY OBTAINED
111.
The Inordinate Interest. It is clear to me that the SIU and some other members of the Police Force had maintained what has been described at the hearings as an inordinate interest in John MacLennan since the 1978 Yuen Long incident, well before MacLennan became a "target" in October 1979. This inordinate interest in MacLennan may be detected as a thread which runs through most of the events that culminated in the arrest action to be carried out by the SIU. It is this inordinate interest which explains, at least in part, the allegations of selectivity which has been the subject of much debate, to wit, that MacLennan was "selected" for investigation.
112.
Brooks and Quinn were certainly interested. Blackburn and Mansell were sufficiently interested to ask for a vetting. The minor information ("snippets") that went up the chain of command to Clancy and Moor was a clear indication that some senior ranks in the Force were interested.
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