LONDON (AP) — Twelve police officers may have faced serious misconduct proceedings for their failures during and after the 1989 Hillsborough football tragedy, a long-running investigation has found.
In the latest development after Britain’s worst sporting disaster, which left 97 dead during a stampede of Liverpool fans, a report – published on Tuesday – also claimed or found cases to answer for misconduct in 92 complaints about police actions.
However, the law at the time meant that no officers would face disciplinary proceedings as they all retired before the investigation began in 2012.
“No one should be beaten by the passage of time,” said Steve Kelly, whose brother Michael was one of those who died at Hillsborough.
Disaster unfolded on 15 April 1989 when more than 2,000 Liverpool fans were allowed to spill into a standing-room only section behind a goal at Hillsborough Stadium in Sheffield. The 54,000 capacity stadium was already almost full for the FA Cup semi-final against Nottingham Forest. Victims were crushed by metal riot fences or trampled on, and many suffocated.
An initial inquest in 1991 found the deaths to be accidental, which the families of the victims refused to accept. Those findings were overturned in 2012 after a wide-ranging inquiry into the disaster, which examined previously secret documents and revealed police wrongdoing and wrongdoing. In 2016, a jury found that the victims were “unlawfully killed”.
“Another bitter injustice”
The Independent Office for Police Conduct began an inquiry into the tragedy in 2012. The findings of the report published on Tuesday were described by some of the bereaved families as “another bitter injustice”.
“This result may vindicate the bereaved families and survivors who have fought for decades to reveal the truth – but it does not provide justice,” said lawyer Nicola Brook, who is representing several families.
“Instead, it reveals a system that has allowed officers to simply walk away, retire without scrutiny, sanction or consequence for failing to meet the standards the public has every right to expect.”
New legislation in the Public Office (Accountability) Act – also known as the ‘Hillsborough Bill’ – going through the UK Parliament would introduce a legal duty of candor for public servants, including the police.
“Yes, the law has now changed so this loophole cannot be used in the future,” added Brook. “But for those affected by this case, this is no consolation. They are left with yet another bitter injustice: the truth has finally been admitted, but responsibility has been denied.”
Sue Roberts, whose brother Graham was killed in the tragedy, said she did not believe campaigners would “ever get to the full truth about Hillsborough”.
“But what we know now is pretty bad, it’s pretty damning, and people were eventually named and shamed,” she said.
False narrative
With hooliganism rife in English football in the 1980s, there were immediate attempts to blame Liverpool fans and defend the police operation. A false narrative blaming drunk, ticketless and rowdy Liverpool fans was created by the police and was only overturned by a campaign by the bereaved families.
Among those who would have had to answer for serious misconduct if they were still serving were Peter Wright, then South Yorkshire Police, who died in 2011, and David Duckenfield, who was the match’s captain.
Those working on the investigation said victims, their families and survivors have been repeatedly let down.
“Firstly,” said IOPC deputy chief executive Kathie Cashell, “the profound complacency of South Yorkshire Police in its run-up to the match, followed by its fundamental failure to contain the disaster as it unfolded and then by the force’s concerted efforts to shift the blame onto Liverpool supporters, which has caused enormous distress to grieving families for nearly four decades.
“They were once again let down by the inexplicably narrow investigation into the disaster led by West Midlands Police, which was a missed opportunity to expose these failings much earlier.”
Two West Midlands officers who led the investigation into the disaster – Mervyn Jones, who was assistant chief constable, and then Detective Chief Constable Michael Foster – were referred to prosecutors for their wrongdoing, but the threshold for prosecution was not met, according to the report.
The IOPC said both former officers would have a case to answer for gross misconduct after they failed to carry out a rigorous investigation because they were “biased against the force and against supporters”.
Duckenfield, who is now 81 and was chief superintendent on the day of the tragedy, was cleared of manslaughter by gross negligence by a jury in 2019.
The IOPC report said he “froze in the crisis” and found he had a case to answer for serious misconduct in relation to 10 charges, including failing to respond and telling FA officials – in what he later admitted was a lie – that fans had forced their way.
Just conviction
The only person to be convicted following the post-tragedy investigations was former Sheffield Wednesday club secretary Graham Mackrell, who was fined £6,500 (now $8,500) and ordered to pay £5,000 (now $6,600) in costs after being found guilty of the arrival and safety of fans. Hillsborough is Wednesday’s pitch.
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