Decision on prosecuting match commander over Hillsborough adjourned

A DECISION on whether Hillsborough match commander David Duckenfield can be prosecuted for 95 counts of manslaughter over the deaths of Liverpool fans at the 1989 FA Cup semi-final is to be made following a hearing in April.

In a hearing at Preston Crown Court yesterday, judge Sir Peter Openshaw said he would make a ruling after hearing further evidence on the merits of an application by the Crown Prosecution Service to lift a legal ban that currently prevents his prosecution.

The CPS wishes to prosecute Mr Duckenfield, inset, for 95 counts of manslaughter in relation to the 1989 disaster.

Mr Duckenfield was the police officer in command of the FA Cup semi-final in which 95 Liverpool supporters lost their lives. Under the law at the time, there can be no prosecution for the death of the 96th victim, Tony Bland, as he died more than a year and a day after his injuries were caused.

For criminal proceedings against him to go forward, a court must lift a ‘stay’ on further prosecutions of Mr Duckenfield which was imposed in 2000 following a private prosecution. While Sir Peter has yet to make a ruling on whether the stay on prosecution should be lifted, he said yesterday that was willing to allow a voluntary bill of indictment against Mr Duckenfield to progress. The decision was made only because it would allow Mr Duckenfield to access criminal legal aid to prepare for the April hearing. The court did not hear any legal arguments on the merits of whether the stay should be lifted during yesterday’s hearing. Duckenfield, 73, was not required to attend yesterday’s hearing and did not attend. The next hearing will start on April 26. Five other men, including former Merseyside chief constable Norman Bettison, have been charged with offences relating to the disaster and its aftermath.