65.
104
time. Even if this were to be possible, I find it difficult to conceive why MacLennan would write totes, one protesting his innocence and the other leaving the question of innocence aside. If MacLennan had only written one note, and if Stevens were right in his evidence that Quinn had put in a plastic exhibit bag, the note that he (Stevens) saw, then the note exhibited (Exhibit No. B1) would have to be a forged note. I have evidence from two handwriting experts to say that that note was in fact written by MacLennan. Those who could recognize MacLennan's handwriting also said that this was so. I must therefore totally discount forgery and the possibility of the note being secretly placed on the table by Quinn or anyone.
By every objective test, I am compelled to conclude that MacLennan's note, as shown in Plate 12, was in fact the note found by Quinn and Trotman and seen by Stevens that morning, and that Stevens was totally wrong as to the type of paper it was written on and partly wrong as to its contents.
(c) Gaining entry into the bedroom
66. As Trotman and Quinn read MacLennan's note, they both realized that something was seriously wrong. At that moment, Li Siu-leung returned with a crow-bar to prise open the door of the bedroom. Just before this action was taken, Trotman instructed Photographer Poon to take a photograph showing a view of the lounge towards the main door, showing, in addition, the crow-bar used to prise open the bedroom door (Plate 14). The bedroom door was opened at 11.55 a.m. Quinn was the first to enter. The room was in darkness. It was even darker than the lounge; the curtains, too, were drawn. Trotman switched on the main light and could see that the bed was in slight disarray and he could see on the floor, protruding from one end of the bed, part of a leg and a Police revolver beside it. Quinn must have seen the same sight on entry. He quickly went to the far side of the room, near the windows, and put on a light by the bedside table. He saw MacLennan's body sprawl on the floor; he felt the body and found that life was extinct. Trotman did the same and he came to the same conclusion. Plate 15 is a tracing taken from photograph showing the position of the body and the bullet wounds. Plate 16 is a sketch of the flat drawn by Superintendent Pelly on 15 January 1980 showing the position of the body and the furniture.
67.
Trotman was the most senior officer at the scene. He was a Policeman of great experience. In his evidence, he emphasized that the first thing he did after he had satisfied himself that life was extinct, was to look for any signs of struggle in the room. He found none. Both Trotman and Quinn could see that MacLennan had been shot. Trotman then left the room and telephoned DPC/K Johnston and the District Command Controller, Supt. Hodson. He briefed the former, and sought from the latter assistance in arranging for the attendance of an ambulance, Ballistics Officers and Pathologists, together with two constables for security purposes. At this point, Trotman decided to nominate Sub-Divisional Inspector (Kowloon City), Chief Inspector Kong Cheuk-hoi, to be the Investigating Officer. He then telephoned Kong, instructing him to attend. Kong noted the time to be 12.10 p.m. Senior Supt. Emmett, who was the officer-in-charge of CID/Kowloon, also received a call at about the same time from Trotman, informing him of the death and asking him to attend.
68.
Whilst Trotman was doing all this, Quinn also left the bedroom to telephone Brooks. He returned after this and ordered Photographer Poon to take the following photographs in the order shown:-
File E. A10
Body as viewed from above
A8
Interior of bedroom as viewed from windows
A11
Close up of the chest
A7
Close up of the deceased's leg and revolver
A9
Full view of the body
A6
Interior of room as viewed from the door
A1
Broken door with lock in place
View from broken main door into room
.69.
A2
Just before the photographs were taken, and when Quinn was telephoning Brooks, Loughrin (on Quinn's instructions) went into the bedroom to count the number of shots on MacLennan's body. Loughrin reported four. In fact, there were five.
70. As the Photographer Poon was finishing the taking of the photographs mentioned above, Trotman returned to the flat. He examined the bathroom again and was satisfied that the window on the bathroom was in a secured position. He also returned to the bedroom to check the windows and found that they too were secured. He also found that there were sheets of black paper covering the panes of both bedroom windows. In this, he was corroborated by the window cleaner and the cleaning woman who had worked in the flat frequently. Trotman then went into the lounge to examine the windows and found that they were also closed and secured as were the two windows in the kitchenette.
71.
No photographs were taken on the 15th to show the respective positions of the locks in the windows. Photographs taken on 9 February 1980 showed that there are two bedroom windows, each with a similar locking system,
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