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Hillsborough police would have faced gross misconduct cases

Judith Moritz,Special Correspondent,

Lynette Horsburgh,North WestAnd

Sarah Spina-Matthews,North West

Getty Images Liverpool fans hold a flag saying '97 Never Forgotten' during a football match.Getty Images

Lawyer Nicola Brook says the report may vindicate bereaved families and survivors who have fought for decades to uncover the truth, but it does not deliver justice

Twelve former police officers would face gross misconduct charges under today’s laws in relation to the Hillsborough disaster, a long-awaited report has revealed.

Former South Yorkshire Police (SYP) superintendent Peter Wright and Chief Supt David Duckenfield are among officers with cases to answer following the deaths of 97 Liverpool fans in the 1989 stadium clash.

The Independent Office for Police Conduct (IOPC) report found there were “fundamental failures” and “concerted efforts” to blame fans in the aftermath.

The bereaved families said they would “never get justice” as the law at the time meant no officers could prosecute as they had all retired before the investigations began in 2012.

The law was changed in 2017 to allow retired civil servants to respond to accusations of misconduct, but the change cannot be applied retroactively.

A montage of photographs of the 97 Liverpool fans who died as a result of the Hillsborough disaster on 15 April 1989.

Ninety-seven Liverpool fans lost their lives in a fight at Hillsborough on 15 April 1989.

At a press conference held in the office of attorney Broudie Jackson Canter, who represents several grieving families, Charlotte Hennessy, whose father Jimmy died in the tragedy, expressed her reaction to the report.

“No one is going to prison for killing them, so we will never get justice, and we knew it.”

Instead, he said the report corroborated the survivors’ accounts.

Ms Hennessy said: “We will never know the full extent of South Yorkshire Constabulary’s deception, but there is no hiding, no destroying and no way of covering up that they failed in their duty and then tried to blame the victims.”

PA Media Charlotte Hennessy, daughter of Jimmy Hennessy, 29, with long red hair, black glasses, olive green and black accents, speaks at a press conferencePA Media

Charlotte Hennessy, whose father Jimmy died in the tragedy, reacted to the findings at a press conference, praising the victims and the bravery of Liverpool fans.

Broudie Jackson Canter’s lawyer, Nicola Brook, said it was a “grievous injustice” and no one would be held accountable.

“This outcome may vindicate grieving families and survivors who have fought for decades to uncover the truth, but it does not deliver justice.”

Current South Yorkshire Police chief Lauren Poultney said the force was “deeply saddened by the pain and heartbreak caused” by the “repetition of failures”.

“There is nothing I can say today that will take away the years of pain and suffering caused by the power I now lead,” he said.

Ms Brook said the IOPC report “reveals a system that allows civil servants to simply walk away, retire, without any scrutiny, sanction or consequence for failing to meet the standards the public has a right to expect”.

Hillsborough interrogates an ambulance, football fans and police officers on the field during the Hillsborough stadium disaster.Hillsborough investigations

New inquests in 2016 conclude people were unlawfully killed for love in Hillsborough

The report also revealed that the thirteenth officer to retire from South Yorkshire Police will also face misconduct proceedings.

Its publication marks the conclusion of the largest independent police misconduct inquiry ever carried out in England and Wales.

It is understood that copies of the report were received on Monday by the families of the fans who lost their lives in the fight that broke out during the FA Cup semi-final match between Liverpool and Nottingham Forest at Sheffield Wednesday’s home stadium.

The important findings of the 366-page document are as follows:

  • The late Mr Wright was due to face more than 10 charges for allegedly breaching the Police Disciplinary Code in relation to his actions following the disaster
  • Former Deputy Division David Duckenfield, the match commander, would face 10 alleged breaches for “failures in decision-making and communication in managing the development of the game” as well as “a number of significant control failures as crowds increased”.
  • The other eight SYP officers would have cases to answer for their roles in preparing and policing the match, their handling of the disaster response or their subsequent role in attempts to divert blame.
  • Former WMP Deputy Chief Constable Mervyn Jones and Det Ch Supt Michael Foster would have cases to answer over their roles in leading the investigation into the disaster, including “alleged bias against police and supporters” and “failure to interfere with SYP’s accounting process”.
  • Confirmed or identified cases of misconduct in 92 complaints
  • 327 statements of police officers (more than 100 of those previously revealed) were found to have been altered
From left to right: Nicola Brook, Charlotte Hennessy, Margaret Aspinall, Steve Kelly and Sue Roberts at the press conference. There are people sitting behind a table, behind which there are posters saying 'We are for justice'.

Family members react to report’s findings at press conference

IOPC deputy director general Kathie Cashell said those affected by the disaster had been repeatedly let down.

“What they have had to endure for over 36 years is a national embarrassment,” he said.

The IOPC investigation was conducted alongside Operation Resolve, a criminal investigation focusing on the day of the disaster.

Ms Cashell said the watchdog’s investigation, which included work to prepare evidence for investigations and prosecutions, cost £88 million and Operation Resolve cost a further £65 million.

The operation led to criminal complaints against six people, including Mr Duckenfield and three other police officers.

But only Graham Mackrell, former secretary of Sheffield Wednesday Football Club, ever convicted upon disaster.

‘Opportunity missed’

Ms Cashell said: “The 97 people who were unlawfully murdered, their families, the survivors of the disaster and everyone else so deeply affected have been repeatedly disappointed before, during and after the terrible events of that day.

“First the profound indifference shown by South Yorkshire Police in preparing for the match, then the fundamental failure to deal with the disaster that unfolded, and then the concerted efforts of the force to shift the blame to Liverpool fans, causing great distress to bereaved families and survivors for almost four decades.

“They are once again disappointed by an inexplicably narrow investigation into the disaster carried out by West Midlands Police, which was a missed opportunity for these failings to be brought to light much sooner.”

He added that it was important to remember that the forces being investigated were different from those today and that the force had seen many changes since 1989.

Home Affairs Minister Shabana Mahmood said the report was “a stark reminder of one of the most significant failings in policing the country has ever seen”.

He paid tribute to the families and survivors who survived the disaster, saying their “tireless campaigning” had led to the establishment of this organisation. Hillsborough Law The law earlier this year introduced a statutory duty of honesty to all public servants.

PA Media Margaret Aspinall, with long blonde hair, wearing a navy blue jumper with peach hearts on it, speaks at a press conference.PA Media

Margaret Aspinall hopes this is the “final hurdle” and families can now find some peace

Other grieving family members also expressed their reactions to the report’s findings at the press conference.

Margaret Aspinall, who lost her 18-year-old son James in the disaster, told the press conference that she knew 12 police officers would be sued for gross misconduct but no action was taken, saying it “really made you very, very angry”.

He rejects the claim that the report is a waste of money.

“This will change things for other people,” he said, but added that he acknowledged it wouldn’t change things for the families affected by Hillsborough.

Ms Aspinall told how the tragedy led to changes in seating rules at football matches.

“There was a lot of good done from ’97,” he explained. “Hopefully this will be the last hurdle.”

Then, he added, maybe families could find some peace.

Steve Kelly, whose brother Michael died in Hillsborough, said the findings should make clear that processes around police misconduct need to change.

“No one should succumb to the passage of time. We must have justice and accountability for at least one person’s life.”

Sue Roberts, whose brother Graham died at the age of 24, added that although she was disappointed, she was happy that the names of the police officers were included in the report.

Asked if they would accept the opportunity to speak to officers who the report said would face allegations of misconduct, Ms Roberts said: “Of course we would.

“We want to right the wrongs of the past.”

Hillsborough: Police ‘fundamental failings’ – Anne-Marie Joyce’s report

Hilda Hammond, who lost her 14-year-old son Philip in the tragedy, told the BBC her disappointment at the lack of action taken against “some police officers”, adding that the report was “like rubbing salt in a very old wound”.

Mrs Hammond’s husband Phil was the former chairman of the Hillsborough Family Support Group and a leading Hillsborough campaigner. died in january.

He told the BBC that the report “brought it all back” and that he “began to think that it would be okay to go through this if you were to finally take action”.

An elderly woman with pale curly hair is sitting on a gray sofa and smiling.

Hilda Hammond says she thinks investigations are a ‘fruitless exercise’

He said it was “sweet and bittersweet” that Philip died before the final report was published.

“I don’t know if I really want him to see this because it’s like you were right all along but we can’t do anything about it.

“We have said what the truth is from the very beginning and it is now too late to do anything about this so that all police officers, whether alive or retired, are not subject to disciplinary action.”

He said he thought it was a “cruel” and “pretty fruitless practice”.

“I don’t know what the purpose is or what the reason is for spending so much money,” he added.

Mike Benbow, with white hair and wearing a navy blue sweater, sits at the kitchen table with a tablet in his hand.

Mike Benbow says people deserve more than a 400-page report

Mike Benbow, who previously led the investigation for five years, said: “After 13 years, people deserve more than a 400-page report.”

“This doesn’t seem quite right. I was told a more detailed report would be prepared later but I hope the IOPC will reconsider this.”

He added: “I don’t understand the logic of this because obviously the criminal case ended a long time ago and it took almost five years for the reports to be prepared.”

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