Hillsborough probe finds 12 officers would have faced gross misconduct cases

The investigation into the Hillsborough disaster found that 12 police officers could face gross misconduct charges for “fundamental failures” that day and a “concerted attempt” to blame fans for subsequent events.

The report, published on Tuesday by the Independent Office for Police Conduct (IOPC), also confirmed or found cases requiring accountability for misconduct in 92 complaints against police.

The IOPC investigation into the disaster and the Operation Resolve criminal investigation began in 2012 following the publication of the Hillsborough Independent Commission report and has cost more than £150 million.

Speaking at a press conference with other family members, Charlotte Hennessy, whose father James was 29 when he died in the disaster, said: “We will never truly know the full extent of South Yorkshire Police's deception, but there is no cover-up, no destruction and no way to hide that they failed in their duties and then tried to blame the victims.”

Nicola Brooke, a solicitor from Broudie Jackson Canter who is representing several of the victims' families, said it was a “bitter injustice” that no one would be brought to justice.

She said: “This result may vindicate the families of the victims and survivors who have fought for decades to uncover the truth, but it does not provide justice.

“Instead, it exposes a system that allows officers to simply walk away, resigning without scrutiny, sanctions or consequences for failing to meet the standards that society has every right to expect.

“Yes, the law has now changed so this loophole cannot be exploited in the future. But for those affected by this case, this is no consolation.

“They are left with yet another bitter injustice: the truth has finally been acknowledged, but accountability has been denied.”

Among those who would have had to answer for gross misconduct if they were still serving were the then Chief Constable of South Yorkshire Police Peter Wright and match commander David Duckenfield, as well as Sir Norman Bettison, who later became Chief Constable of Merseyside Police.

Ninety-seven Liverpool fans died in the FA Cup semi-final on 15 April 1989 when police opened the gates to the stadium to relieve crowds outside and failed to move fans away from the tunnel leading to the central paddocks where the stampede occurred.

IOPC deputy chief executive Katie Cashell said the victims, their families and survivors had been “repeatedly disappointed”.

“First because of the profound complacency of South Yorkshire Police in the build-up to the match, and then because of its fundamental failure to deal with the unfolding disaster, and then because of a concerted effort by the force to shift the blame to Liverpool fans, which has caused enormous suffering to the families of the victims and survivors for nearly four decades,” she said.

“They were once again let down by West Midlands Police's inexplicably narrow investigation into the crash, which was a missed opportunity to expose these failings much earlier.”

The West Midlands officers who led the investigation into the crash, Mervyn Jones, who was assistant chief constable, and then detective chief Michael Foster, were referred to the CPS for their mistakes but the threshold for prosecution was not found, according to the report.

The IOPC said both former officers would have to answer for gross misconduct after they failed to carry out a thorough investigation because they were “biased towards the force and against supporters”.

Mr Duckenfield, 81, who was chief superintendent on the day, was acquitted of gross negligence manslaughter by a jury in 2019.

The IOPC report said he was “frozen in crisis” and found he had grounds to answer for gross misconduct on 10 charges, including failing to respond and telling FA officials – which he later admitted was a lie – that fans had broken in.

The report noted that allegations that fans were to blame for the disaster were “completely refuted” by a new investigation into the deaths, which concluded in 2016 that the fans were killed unlawfully.

Other officers who were to face cases of gross misconduct relating to their actions that day were Mr Duckenfield's deputy Bernard Murray and his superior, Assistant Chief Constable Walter Jackson, who was also noted to have failed in the planning of the match, and duty officers at the Leppings Lane end Roger Marshall, the superintendent, then Inspector Harry White and Sergeant John Morgan.

Mounted police constable David Scott would have had to face a charge of gross misconduct after his horse suffered cigarette burns from Liverpool fans – an incident which evidence showed did not take place, the IOPC has said.

South Yorkshire Police chief Mr Wright, who died in 2011, was found by investigators to be “insensitive” to allegations that he was trying to promote false information and would have to answer for trying to deflect blame.

Sir Norman, who was chief inspector at the time, would have to answer to allegations that he was deliberately dishonest about his involvement in the disaster when he applied for the post of chief constable in Merseyside and misled the public in press statements, the IOPC said.

The retired chief, who also headed West Yorkshire Police, was charged with misconduct in public office as part of the investigation, but the case was dropped in 2018.

The IOPC found that retired Detective Chief Inspector Alan Foster would have to answer for gross misconduct to answer for allegations he pressured officers who resisted amending their statements.

Mr Foster was charged along with former chief superintendent Donald Denton and strongman lawyer Peter Metcalfe of acting to pervert the course of justice, but midway through the trial in 2021 the judge ruled there was no case to answer.

Investigators found that South Yorkshire Police did try to shift blame for the crash away from police, but Ms Cashell said they found no evidence of an organized cover-up up to the evidentiary threshold they would need to meet.

The report also said there was no evidence that the attempts to deflect blame were related to Freemasonry or an attempt to protect a Freemason.

The only person convicted as a result of the investigation is former Sheffield Wednesday club secretary Graham Mackrell, who was fined £6,500 and ordered to pay £5,000 costs after being found guilty of failing to ensure the health and safety of fans arriving at the stadium.