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    https://www.bbc.com/news/uk-57257199

    Hillsborough: Why the prosecutions collapsed
    By Dominic Casciani
    Home and legal correspondent

    The collapse of the latest Hillsborough disaster trial was predicted - because of a legal technicality that was known to all involved.

    It has been 32 years since 96 Liverpool fans were killed in the Hillsborough disaster that, by common acceptance, everyone now knows should never have happened.

    There has been an inquiry into stadium safety, an independent review panel to get to the full truth, two sets of inquests - the second set to correct shortcomings of the first - and four criminal trials.

    The upshot is that while the jury for the second set of inquests reached damning conclusions about police failings on the day, there has only been a single conviction - and that was the stadium's health and safety officer, who was fined £6,500.

    Every other prosecution has failed.

    First, the match day commander was found not guilty of manslaughter by gross negligence - and now a solicitor and two senior police officers, accused of cooking up false accounts to cover up South Yorkshire Police's failures, have also been cleared.

    The roots of the collapsed trial of solicitor Peter Metcalf and retired police officers Donald Denton and Alan Foster can be found in a twist in the law which was clear from the outset of the case against them - and that raises questions for the Crown Prosecution Service as to why the trial went ahead at all.

    The three men were alleged to have played a role in changing the accounts of some South Yorkshire Police officers who were involved in the day.

    The specific crime the men were accused of committing was perverting the course of justice, which can lead to a life sentence.

    It's one of the most serious offences in England and Wales, because it is a crime against the justice system itself as it prevents courts from getting to the truth.

    And that's where the problem lay for the Crown Prosecution Service - it could not prove, as a matter of law, that the men had intended to lie to any court or judicial process at all

    Some inquiries... are not real inquiries
    The accounts the men were alleged to have manipulated had been prepared for Lord Justice Taylor's short inquiry into what had happened. He was under pressure to quickly come up with safety recommendations for football grounds before the start of the new season.

    And so, and this is the key point, while he was a very senior judge in charge of a very important inquiry, it was not, in legal terms, a full "public inquiry" with the full powers to get to the truth. And that really matters if someone is going to be accused of lying or manipulating a formal judicial process or inquiry.

    A series of important legal rulings down the years has clarified what the "course of justice" actually means - and it does not include the kind of review that was headed by Lord Justice Taylor.

    He had no powers to force witnesses to attend or to give evidence under oath, as they would have to do in an official public inquiry or court. He could not even force those who did take part to tell him everything they knew.

    And so, today, the judge in the trial of the three men concluded that none of the men could be accused of perverting the course of justice, because at the time the statements were prepared there had been no judicial process to pervert.

    CPS warned in 2018
    The Crown Prosecution Service knew about this technicality long before the trial began - because a previous judge involved in the Hillsborough saga had made exactly the same point in 2018.

    So prosecutors had pinned their hopes on convincing a jury that although the accounts were prepared for the Taylor inquiry, everyone involved would have known that other formal proceedings were coming - inquests, criminal investigations or damages cases.

    But the judge has said the CPS simply could not prove that case to a jury.

    "The problem is that there is little or no evidence about those other proceedings and/or there is no basis upon which to say that anything done by any of these defendants had a tendency to pervert the course of public justice in relation to other proceedings," said Mr Justice William Davis in his ruling ending the case against the three men.

    "I have concluded that there is no case fit for the jury's consideration."

    Judges must follow the letter of the law - and whatever the actions of the three defendants back in 1989, they are all innocent of perverting the course of justice.

    Their lawyers say the Crown Prosecution Service has serious questions to answer - labelling the entire affair a multi-million pound "witch-hunt" that should never have happened because there was no case against any of the men.

    Some say there is an urgent need to change the law to ensure that a future and similar criminal case could be considered by a jury.

    When he was an MP, Andy Burnham, the Merseyside-born mayor of Greater Manchester, lobbied for a "Hillsborough law" which would compel public institutions, and those working for them, to not only tell the truth in any kind of inquiry or proceedings, but to tell the full truth with candour and frankness.

    But were that to be passed by Parliament, it would not apply to the tragic events of Hillsborough.
    Essentially the Taylor inquiry wasn't a real inquiry as it didn't have the power to call witnesses, and those that were called weren't required to tell the truth. This seems remarkable and it seems like because of this the families never stood a chance of anyone being accountable.

    The implication from reading this is that the police could do anything because they were preparing statements and evidence for an inquiry that had no legal standing. And because at that point there were no legal cases in preparation there are no consequences, even in the likely event that statements prepared for Taylor inquiry were used in subsequent legal trials which surely they must have been or at least those statements determined what evidence was and wasn't presented at those subsequent trials. It seems clear from what has been seen before that statements have been altered and this has collapsed because of a technicality and the failure of government to hold a 'real' inquiry back in 89.

    When you look at it like this it's hard not to continue to think that the cover up began early and went all the way top the top of government, and despite the great efforts of the families you can't beat the system
    The only gracious way to accept an insult is to ignore it; if you can't ignore it, top it; if you can't top it, laugh at it; if you can't laugh at it, it's probably deserved.

    Comment


      Originally posted by Exiled_red View Post
      https://www.bbc.com/news/uk-57257199



      Essentially the Taylor inquiry wasn't a real inquiry as it didn't have the power to call witnesses, and those that were called weren't required to tell the truth. This seems remarkable and it seems like because of this the families never stood a chance of anyone being accountable.

      The implication from reading this is that the police could do anything because they were preparing statements and evidence for an inquiry that had no legal standing. And because at that point there were no legal cases in preparation there are no consequences, even in the likely event that statements prepared for Taylor inquiry were used in subsequent legal trials which surely they must have been or at least those statements determined what evidence was and wasn't presented at those subsequent trials. It seems clear from what has been seen before that statements have been altered and this has collapsed because of a technicality and the failure of government to hold a 'real' inquiry back in 89.

      When you look at it like this it's hard not to continue to think that the cover up began early and went all the way top the top of government, and despite the great efforts of the families you can't beat the system
      That's why we need to throw our weight behind the campaign to change the system, with Burnham's "Hillsborough Law". It won't help us, or the Orgreave families. If it's passed quickly enough it might just help the Grenfell families though, and will help those that come after.

      I long since gave up on any kind of real "justice". I'll have a nice bottle of red on standby for when the *******s Duckenfield and MacKenzie die, but beyond that I think a change in the law to prevent cover ups like this in future would be a great legacy. Let's get behind it.

      Comment


        The statement that this is a cover up, of a cover up, of a cover up is pretty much bang on.
        Modifying post.

        Comment


          Just got sent this and expect many more things to come out soon

          Read this-

          My family's Hillsborough cover up experience - I wanted to write this last week but was too devastated. Some of this will be very upsetting to read. It is accurately stated by many that South Yorkshire police used the same deceitful and corrupt tactics to cover up the disaster as they had against the miners during the '84-85 strike, most famously at Orgreave. What is far less mentioned is that they also used the same sexist and misogynistic tactics that West Yorkshire police had used to smear the Yorkshire Ripper's victims because they needed to cover up the serious failings and misconduct that marred that police investigation.

          In the early hours of 16th April 1989, our friend Steve from Wallasey was interviewed by South Yorkshire police after he had just identified my mum's and Marian's bodies. They asked him about his relationship to my mum. He said sometimes my mum and us kids would stay at his if there was an evening match at Anfield and we'd catch the train home to London in the morning and he would stay at ours if Liverpool had been playing a night match in London and would return home to Merseyside the next day. One copper asked if he 'was shagging my mum'. Steve was shocked and burst out crying and the copper asked him the question again. This was done to smear her, him and all LFC fans. I also think they wanted a violent reaction from Steve, so it would support their drunken hooligan fake news/cover up story. They also tried to get him to say they'd all been drinking. He told me this on the night of my mum's funeral. I can't describe how painful, distressing and traumatic this was for me to hear. I had only just turned 17.

          Two days after the funeral, 2 uniformed West Midlands police officers came to our house and took 2 illegal statements from both my brother and I. We were alone. No adults were present with us when they took our statements, which is illegal as we were under 18. The seperated us for interview. For me, it was just to say that the items they were returning were my mum's from that day. But it was much worse for my 13 year old brother. They tried to get him to say they'd all been drinking, which thankfully he refused to do. They also asked him questions such as, 'did your mum drink at home/at pubs, did she have a boyfriend/several boyfriends, did she go out drinking with these boyfriends,' etc? Exactly the same thing happened a few months later when plain clothes West Midlands CID came round and did the thing again to my brother. He told me all they asked about was whether they'd all been drinking.

          This is a continuation of the questioning of Steve by South Yorkshire police on 16th April 1989. It proves that a false narrative had been constructed about my mum by 2 police forces - South Yorkshire and the 'investigating' West Midlands that sought to portray her as 1) a drunken hooligan, 2) a bad mother, 3) a slag/whore/promiscuous woman. There are no words that can do justice to the amount of pain, trauma and distress this has caused me. And the shame of my mum being smeared this way made me stay silent about it for years. But I refuse to any longer, this awful truth must be told.

          In March 2014, the IOPC informed me that the 2 statements we had given to West Midlands police when they first visited in 1989 had been found. They told me this was 'proof of West Midlands police's corruption during the cover up and what made this worse was that both my brother and I were orphaned and wards or court (in the care of social services)'. No statements have ever been found from the CID visit and interview. They either don't want to show them or they didn't look hard enough.

          I very strongly believe that mum was smeared in the most despicable manner by 2 UK police forces because they are institutionally racist - my mum married a non-white Asian man with whom she had 2 mixed race children and had an Asian surname. They are institutionally sexist and institutionally classist - my mum was poor, working class and a single parent. Thatcher had a war against single parents who were much demonised at that time for their 'immorality'.

          I will NEVER EVER shut up about what they did to my family because THERE CAN NEVER BE PEACE WHILE THERE IS NO JUSTICE. [emoji1364]

          JFT96 [emoji3590] YNWA [emoji3590] Justice For All [emoji3590]

          Sent from my SM-N960F using Tapatalk
          who's arsed?

          Comment


            The South Yorkshire Police and the West Midlands Serious Crime Squad were a corrupt shower of *******s. Our campaign is probably done now, but I've donated to the Orgreave campaign and will be wearing their t-shirt to the first home game of next season. https://otjc.org.uk/about/

            Comment


              Fair play - Theresa May used her question at PMQs today to argue for a change in the law

              [ame]http://twitter.com/BBCPolitics/status/1402592571147313155[/ame]
              Last edited by calvoboy; 09-06-21, 01:24 PM.

              Comment


                Survivor Andrew Devine dies to become Hillsborough's 97th victim



                Sent from my SM-G998B using Tapatalk
                who's arsed?

                Comment


                  Justice for the 97

                  Comment




                    Heartbreaking.

                    JFT97
                    Modifying post.

                    Comment


                      [ame="https://twitter.com/lfc/status/1420466687699308544"]https://twitter.com/lfc/status/1420466687699308544[/ame]

                      RIP YNWA

                      Comment


                        I just realised from reading the bbc article that I have sat behind him and his carer a few times at Anfield. Never knew he was at Hillsborough.

                        Rip

                        Comment


                          [ame]https://twitter.com/lfc/status/1420688193616220161[/ame]
                          Modifying post.

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                            Sad news

                            Thoughts with the family
                            The only gracious way to accept an insult is to ignore it; if you can't ignore it, top it; if you can't top it, laugh at it; if you can't laugh at it, it's probably deserved.

                            Comment


                              Liverpool Football Club will pay tribute to Andrew Devine, the 97th person unlawfully killed as a result of the Hillsborough disaster, ahead of the Reds' first Premier League home game on Saturday August 21.

                              A lifelong supporter of the club, Andrew passed away recently at the age of 55. Despite sustaining life-changing injuries at Hillsborough, he continued to attend matches at Anfield when possible.

                              In recognition of his passing, a minute’s silence will take place ahead of kick-off at our Premier League fixture against Burnley at Anfield to allow supporters, players and staff to come together to pay their respects. A special Kop mosaic will also be displayed, which will feature the Eternal Flames with the number 97.

                              LFC will also be reviewing its current 96 emblems with plans to change them to 97 in memory of Andrew. This will include the emblems on the backs of the playing shirts, although it is not possible to change them for the 2021-22 campaign at this point.

                              Andrew’s name will also be etched on the Hillsborough Memorial at Anfield alongside the 96.

                              Liverpool Football Club’s thoughts continue to be with the Devine family and all those affected by the Hillsborough disaster.

                              Sent from my SM-G998B using Tapatalk
                              who's arsed?

                              Comment


                                Although the coroner ruled the death unlawful killing I suppose it was only fair for the club to first consult with the family to see whether they were happy for things like the 96 to become 97 and for his name to be added. I assume the club taking these steps is the result of the discussions with the family
                                Football without Origi is nothing

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