Hillsborough lawmen innocent as it is revealed UK public inquiries don’t have to be honest
Two retired police officers and a solicitor accused of perverting the course of justice following the Hillsborough disaster have no case to answer.
Retired South Yorkshire police officers Donald Denton, aged 83, Alan Foster, aged 74, and force’s former solicitor Peter Metcalf, aged 71, were acquitted.
Expert witness Sir Robert Francis QC had told the jury there was no legal duty of candour for police at a public inquiry.
Yet, public inquiries are important investigations called by the government. They can compel testimony and the release of other forms of evidence. The justification required for a public inquiry is the existence of public concern.
And the meaning of candour? It means being open and honest.
Except if you are a police officer apparently.
The three men were accused of two counts of committing acts tending and intended to pervert the course of justice.
It was alleged they were involved in a process of amending officers’ statements to minimise the blame on South Yorkshire Police following the Hillsborough disaster in April 1989
Ninety six Liverpool fans died.
The ruling was made at the Nightingale court at the Lowry theatre in Salford.
In his ruling Judge Mr Justice William Davis said the amended statements were intended for a public inquiry into safety at sports grounds led by Lord Justice Taylor, but that was not a course of public justice.
He concluded there was no case fit for consideration by the jury.
Mr Denton, Mr Metcalf and Mr Foster were charged in 2017 following an investigation by the Independent Office for Police Conduct into allegations of a cover-up by police after the tragedy.
Sir Norman Bettison, a chief inspector in 1989 who went on to become chief constable of Merseyside and West Yorkshire, was charged with misconduct in a public office as part of the investigation. Charges were dropped in August 2018.
After the new acquittal, Sue Hemming, director of legal services at the Crown Prosecution Services, said: “It is crucial that we presented the evidence gathered by the IOPC investigation teams to a court and we have worked tirelessly to prepare the case for the jury to understand this evidence and any implications resulting from the amended statements.
“After long and incredibly careful consideration, especially for the families involved, we decided not to appeal the ruling.
“The CPS was right to bring this case and for a court to hear the evidence of what happened in the aftermath of the Hillsborough disaster.”
The match commander on the day, David Duckenfield, was charged with gross negligence manslaughter in 2017 but he was cleared in 2019.
In May 2019, former Sheffield Wednesday club secretary Graham Mackrell was fined £6,500 and ordered to pay £5,000 costs after he was convicted of failing to ensure the health and safety of fans arriving at the ground on the day of the disaster.
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