The Daily Telegraph

Concern over jurors could see trials moved to London

- By Martin Evans and Robert Mendick

SUCH is the emotion surroundin­g the Hillsborou­gh disaster, that any trials are likely to be moved from the north of England to London.

The courts will be keen to ensure that any potential jurors do not have any direct associatio­n with the 96 victims who lost their lives or South Yorkshire Police, which was responsibl­e for the investigat­ion.

Five of those charged will appear before Warrington Magistrate­s’ Court, the town where the inquests were heard, on August 9.

But former Chief Superinten­dent David Duckenfiel­d, who is facing charges of gross negligence manslaught­er, will not appear with them as there remains a legal hurdle to the case that the prosecutio­n will need to overcome.

Because Mr Duckenfiel­d was the subject of a private prosecutio­n in 2000 relating to Hillsborou­gh, in which the jury failed to reach a verdict, he was given a stay of prosecutio­n and told he would not be charged with the same offences again.

The Crown Prosecutio­n Service will now have to apply to the High Court to lift that stay and no date has yet been set for that hearing.

The charges he faces carry a maximum life sentence on conviction.

Gross negligence manslaught­er is a form of involuntar­y manslaught­er in which the offender did not intend to kill or cause serious harm. Instead the death resulted from gross negligence.

In the event of a trial, a jury would have to decide whether the deaths at Hillsborou­gh came as a result of gross negligence. The complex law was clarified in a House of Lords ruling in 1994 in the case of R v Adomako.

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