An investigation into the Hillsborough disaster has revealed that 12 police officers would have faced gross misconduct charges for significant failures on the day of the event and for their coordinated efforts to shift blame onto fans afterward.
A report released on Tuesday by the Independent Office for Police Conduct (IOPC) confirmed that misconduct was upheld or substantiated in 92 complaints regarding police actions. However, due to the law at the time, no officers will face disciplinary actions, as they had all retired before the investigations commenced.
The IOPC and the criminal inquiry, known as Operation Resolve, began investigating the disaster in 2012, following the release of the Hillsborough Independent Panel report, at a cost exceeding £150 million ($170.49 million).
Nicola Brook, a lawyer at Broudie Jackson Canter representing several families affected by the tragedy, described the outcome as a “bitter injustice” given that no one will be held accountable.
She stated: “While this conclusion may validate the endeavors of bereaved families and survivors who have spent decades seeking the truth, it offers no sense of justice.”
“It highlights a system that has permitted officers to exit without facing scrutiny, punishment, or consequences for failing to uphold standards that the public rightly expects.”
“Though the law has now changed to prevent future loopholes, this does not provide consolation to those affected by this case.”
She added that the individuals are left with yet another painful injustice: the truth acknowledged, yet accountability denied.
Included among those who would have faced gross misconduct charges if still serving are South Yorkshire Police’s then-chief constable Peter Wright, match commander David Duckenfield, and Sir Norman Bettison, who later became chief constable of Merseyside Police.
On April 15, 1989, 97 Liverpool supporters lost their lives during the FA Cup semifinal when police opened an exit gate to ease crowding and failed to redirect fans away from a tunnel leading to the central pens, which resulted in the crush.
IOPC deputy director general Kathie Cashell stated that the victims, their families, and survivors had been “repeatedly let down,” highlighting the deep complacency of South Yorkshire Police in preparing for the match, their failure to manage the disaster, and their subsequent attempts to shift blame onto the Liverpool supporters, which caused immense distress for nearly four decades.
“They were further let down by the inexplicably limited investigation conducted by West Midlands Police, which missed an opportunity to uncover these failures much earlier,” she noted.
The IOPC report indicated that West Midlands Police officers Mervyn Jones and Michael Foster, who led the investigation into the disaster, were referred to the CPS due to their shortcomings, but the criteria for prosecution were not met.
Both former officers would have faced gross misconduct charges for failing to conduct a thorough investigation, as they were found to be “biased towards the force and against the supporters.”
David Duckenfield, now 81 and a chief superintendent at the time of the disaster, was acquitted of gross negligence manslaughter by a jury in 2019. The IOPC report indicated that he “froze in the crisis” and had a case to answer for gross misconduct based on ten allegations, including failing to take action and falsely informing FA officials that fans had stormed the gates.
The report highlighted that claims of fan culpability in the disaster were “completely refuted” during new inquests, which concluded in 2016 that fans had been unlawfully killed.
Other officers who would have faced gross misconduct charges for their actions on that day included Duckenfield’s second-in-command, Bernard Murray, and assistant chief constable Walter Jackson, who also failed in match planning. Officers in the Leppings Lane end, Superintendent Roger Marshall and then-Inspector Harry White, along with Sergeant John Morgan, were also implicated.
Mounted police constable David Scott would have faced gross misconduct for claiming that his horse was burned by Liverpool fans—a charge that was later debunked, according to the IOPC.
Investigators found that South Yorkshire Police chief Peter Wright, who passed away in 2011, displayed “insensitivity” regarding allegations that he sought to promote a misleading narrative and would have faced charges for attempting to shift blame.
Sir Norman Bettison, a chief inspector at the time, would have also faced gross misconduct charges for allegedly being dishonest about his involvement in the disaster when he applied for the chief constable position at Merseyside and for misleading the public in press statements, as indicated by the IOPC. His case regarding misconduct in public office was dropped in 2018.
The IOPC determined that retired detective chief inspector Alan Foster would have faced gross misconduct charges for allegedly pressuring officers to alter their statements.
Foster, alongside former chief superintendent Donald Denton and force solicitor Peter Metcalf, was charged with attempts to obstruct justice, but was cleared during the trial in 2021 when a judge found there was no case to answer.
Investigators did find that South Yorkshire Police attempted to deflect blame from themselves regarding the disaster. However, Ms. Cashell stated they did not uncover evidence of a coordinated cover-up that met the required threshold for prosecution.
The report also indicated that there was no evidence suggesting that attempts to deflect blame were linked to Freemasonry or efforts to protect a Freemason.
The only individual convicted as a result of the investigations was former Sheffield Wednesday club secretary Graham Mackrell, who was fined £6,500 and ordered to pay £5,000 in costs for failing to ensure fan safety at the stadium.