‘Bitter injustice’ – Officers would have faced misconduct over Hillsborough

A long-awaited report has discovered that twelve former police officers would have been subject to gross misconduct proceedings under modern law.

After 97 Liverpool fans died in the stadium crush in 1989, former South Yorkshire Police (SYP) chief constable Peter Wright and Ch Supt David Duckenfield are among the officers who would have had cases to answer.

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

At a press conference held at solicitors Broudie Jackson Canter’s office, who represent several bereaved families, Charlotte Hennessy, whose father Jimmy died in the tragedy, gave her reaction to the report.

We will never receive justice because no one ever goes to prison for killing them, and we were aware of this.

No-one would be held accountable, according to Nicola Brook, a lawyer at Broudie Jackson Canter, calling it a “bitter injustice.”

“This outcome may vindicate the bereaved families and survivors who have fought for decades to expose the truth – but it delivers no justice”.

Lauren Poultney, the force’s “litany of failures,” made it “deeply sorry for the pain and heartache” that the force has caused.

She said, “There is nothing I can say right now that can erase the years of pain and suffering I’ve endured as a result.”

A thirteenth, retired officer from South Yorkshire Police would have also been subject to misconduct proceedings, according to the report.

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

The 366-page document’s main findings include:

• The late Mr Wright would have faced a case over 10 alleged breaches of the Police Disciplinary Code regarding his actions in the aftermath of the disaster
• Former chief executive of the match, former chief executive David Duckenfield, would have faced 10 alleged breaches for “failures in decision-making and communication in relation to managing the build-up to the game” as well as “a series of key failings of control as the crowd built”
• Eight other SYP officers would have had to address cases involving their roles in the match’s preparation, policing, disaster response, or other efforts to divert the blame afterward.
• Former WMP Assistant Chief Constable Mervyn Jones and Det Ch Supt Michael Foster would have had cases to answer over their roles in leading the investigation into the disaster, including for “alleged bias towards police and against supporters” and “not intervening in SYP’s account amendment process”
• In 92 complaints, it upheld or found misconduct.
• It was discovered that 327 of the officers’ statements had been modified, 100 more than were previously discovered.

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

She said, “What they have endured for more than 36 years is a source of national shame.”

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

Ms Cashell said the watchdog’s investigation, which included work done to prepare evidence for inquests and prosecutions, cost £88m, while Operation Resolve cost an additional £65m.

Three additional police officers and Mr. Duckenfield were among the six people facing criminal charges as a result of the operation.

“The 97 people who were unlawfully killed, their families, survivors of the disaster, and all those who were so deeply affected, have been repeatedly let down,” according to Ms. Cashell before, during, and after the obscene events of that day.

First, South Yorkshire Police’s deep complacency in its preparation for the game, followed by its fundamental failure to control the unfolding disaster, and then the force’s concerted efforts to deflect the blame onto Liverpool supporters, who for nearly four decades caused enormous distress to bereaved families and survivors.

“They were let down again by the inexplicably narrow investigation into the disaster conducted by West Midlands Police, which was a missed opportunity to bring these failings to light much sooner”.

She added that since 1989, policing had undergone many changes, and that it was important to keep in mind that the forces being investigated were different from those used today.

The report, according to Home Secretary Shabana Mahmood, is a “stark reminder of one of the most significant shortcomings in policing the country has ever seen.”

Other bereaved families reacted to the findings of the report during the press conference.

The press conference was attended by Margaret Aspinall, who lost her 18-year-old son James in the accident, knowing that 12 police officers would have faced charges of gross misconduct, but nothing would be done because it “really makes you very, very angry.”

She rejects the argument the report was a waste of money.

She said, “It will change things for other people,” but she added that she accepts that Hillsborough’s affected families won’t be affected.

Ms. Aspinall described how changes to the seating arrangement at football games were brought on by the tragedy.

“So much good has been done out of the 97”, she explained. “Hopefully, this will be the final obstacle.”

She added that perhaps there will be some peace between the families.

Steve Kelly, whose brother Michael died at Hillsborough, said the findings must make it clear that processes around police misconduct have to change.

“No one should be defeated by time,” he said. At least once in a person’s lifetime, justice and accountability should prevail.

Sue Roberts, whose brother Graham died aged 24, added although she was frustrated, she is happy that officers have now been named in the report.

When asked if they would be willing to speak with the officers, the report claimed would face allegations of misconduct, Ms. Roberts responded, “Of course we would.”

Hilda Hammond, whose 14-year-old son, Philip, died in the tragedy described to the BBC her frustration over the lack of action taken against” certain police officers”, adding the report was” like rubbing salt in a very old wound”.

Former Hillsborough Family Support Group chairman and one of the most influential Hillsborough campaigners, Phil Hammond, died in January.

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

Because it seems like you were right all along, but there is nothing we can do about it, I’m not sure whether I would have wanted him to see it.

“We’ve been saying the truth from the beginning, and it’s too late now to take any action,” he said, citing the absence of any sanctions against police officers, whether they were still in the workforce or retired.

She said she thinks it was “cruel” and “quite a fruitless exercise”.

People deserve more than a 400-page report, according to Mike Benbow, who was the investigation’s lead for five years.

“It just doesn’t seem right. I’ve been told that a more in-depth report will be released later, but I hope the IOPC will reconsider.