No Hillsborough charges for FA or Wednesday

THE FA and Sheffield Wednesday escaped charges yesterday over the Hillsborough disaster, but six people face criminal trials — including match commander David Duckenfield. Former chief constable Sir Norman Bettison was also charged in a development welcomed by families of those bereaved. The Crown Prosecution Service announced that Duckenfield, 72, faces trial for the manslaughter by gross negligence of 95 of the 96 Liverpool fans who died at the FA Cup semi-final in 1989. Bettison, 61, faces four charges of misconduct in a public office, including two of lying about his role in the response to the disaster to further his career when applying to be Merseyside chief constable in 1998 — a post he held for seven years. However, the FA and Wednesday avoided action, despite the withering assessment of their conduct which emerged in the

Hillsborough Independent Panel (HIP) investigation of 2012. The CPS concluded that Wednesday could not be prosecuted because the debtladen club was bought out in 2010 and effectively became a new organisation, which is no longer criminally liable for any offences committed by the old one. The head of the CPS special crimes and counter terrorism division, Sue Hemming, said that even if charged, Wednesday ‘does not have any assets with which to pay a fine’. The CPS considered charges against the FA, who did not act in 1989 despite Liverpool company secretary Peter Robinson pleading with the governing body, ahead of the semi-final against Nottingham Forest, not to put his club’s fans in the Leppings Lane End which was grossly inadequate. The plea was ignored. The HIP investigation found that FA chief executive Graham Kelly’s draft report into the disaster did not even question how Hillsborough — which did not have a safety certificate — had been chosen for the tie. The FA escaped charges because prosecutors decided the organisation could not be held legally responsible for the stadium lacking a safety certificate. Instead, former Wednesday secretary Graham Mackrell is charged with three offences relating to health and safety, and safety at sports grounds. Former South Yorkshire police officers Donald Denton and Alan Foster, as well as force solicitor Peter Metcalf, are charged with undertaking acts intended to pervert the course of justice. The biggest challenge is finding a location to ensure a fair trial and a jury not influenced by the substantial publicity attached to the disaster and its aftermath. It Relief: Margaret Aspinall is thought the Old Bailey will be chosen. Families of the 96 Hillsborough victims broke into applause as they were told Duckenfield faces charges. Margaret Aspinall, whose 18-year-old son James died in the tragedy, said: ‘No-one should have to go through what the families have gone through for 28 years to try to get to the truth and to get accountability. ‘What has been achieved today will change things for the good of this nation and that’s the legacy of our 96.’ There will be no manslaughter prosecution over the death of the 96th casualty, Anthony Bland, because he died almost four years later. Under the law in 1989, when the alleged offence was committed, his death is ‘out of time’ to be prosecuted. Duckenfield has not been formally charged because the CPS must apply to a High Court judge to remove a ‘stay’ prohibiting further proceedings against him, after he faced trial for two counts of manslaughter by gross negligence in a private prosecution brought in 1999. The other five will appear at Warrington Magistrates’ Court on August 9.