David Duckenfield found not guilty of Hillsborough manslaughter

Over the last thirty years £60million has been spent, five separate jury court cases have taken place, and still no one has been found responsible for the unlawful killing of 96 football fans at Hillsborough.

The pain of Hillsborough families was palpable today as they asked ‘how can nobody be held responsible?’ after David Duckenfield, the police match commander on the day the disaster, was cleared of manslaughter. 

Duckenfield ordered the opening of a gate which led to a surge of Liverpool fans into the central pen of the Leppings Lane terrace at Sheffield Wednesday’s stadium on April 15, 1989.

There was no way out, meaning those inside the already dangerously-packed enclosure were forced up against a fence behind the goal, leading to the deaths of 96 fans.

The case against Duckenfield, now aged 75, was that he failed to see the dangers and didn’t fast enough to avert the worst football stadium disaster in history.

After a £60million criminal investigation and a first trial which failed to reach a verdict, a jury at a retrial found him not guilty of 95 counts of gross negligence manslaughter today. 

Speaking at a press conference after the verdict was returned, Margaret Aspinall, whose 18-year-old son James was killed, asked: ‘How can 96 people be unlawfully killed but no-one be responsible?’  

Mrs Aspinall added: ‘I blame a system that’s so morally wrong within this country, that’s a disgrace to this nation.

‘When 96 people, they say 95, we say 96, are unlawfully killed and yet not one person is accountable.’

In court, Christine Burke, the daughter of victim Henry, had stood in the public gallery and addressed the judge.

She said: ‘With all due respect, my lord, 96 people were found unlawfully killed to a criminal standard.’

Bursting into tears, she went on: ‘I would like to know who is responsible for my father’s death because someone is.’ 

In an emotional courtroom, one of the female jurors walked out in tears as the jury filed out of the courtroom and Duckenfield’s wife, Ann, went over to comfort her husband. 

Other family members watched on a video relay of the courtroom played in the Cunard building in Liverpool. 

One victim’s relative shouted: ‘Stitched up again,’ as the verdicts were returned. 

Speaking after the verdict, Barry Devonside, whose son Christopher, 18, died in the disaster, said: ‘I’m shocked and stunned by the verdict of the jury. We, the families, have fought for 30 years valiantly.’

Other speakers at the emotional press conference included Brenda Fox, who lost her son Steve, Steve Kelly, who lost his brother Mike, Mary Corrigan, who lost her 17-year-old son Keith McGrath, and John Traynor who lost his brothers Kevin and Chris.

Brenda Fox thanked the solicitors for helping the families to get individual inquests for all the victims while Steve Kelly claimed he was not surprised by the decision made today.

Brenda Fox thanked the solicitors for helping the families to get individual inquests for all the victims while Steve Kelly claimed he was not surprised by the decision made today.

Mr Kelly said: ‘I believe the die was cast years ago so today’s decision comes as no surprise.

‘Duckenfield was the man, everyone turned to him for direction and he was nowhere to be seen. The people around him required guidance.

‘He sought to find scapegoats for his own dithering.

‘We are forever cheated.

‘God bless the 96.’

Mary Corrigan said: ‘The only fighting was the supporters fighting for their lives and the only ones helping them were other supporters who were grabbing their hands and getting them over onto the pitch.

‘This man has been so completely protected, it’s unreal what has happened today, it’s so cruel to all of us.

‘I haven’t been able to grieve my son because I have been so preoccupied with campaigning to try and get justice.

‘The whole thing has been corrupt, evidence has been shelved.

‘We have all been shunted today.

‘But now there is no more gagging order, we will not be quiet.’

John Traynor, whose brothers Christopher, 26, and Kevin, 16, died at Hillsborough, said: ‘The family members that you see here today are still suffering from post-traumatic stress disorder, broken hearts and minds and today’s decision has just devastated all of us, just adding further insult to injury.’

In a statement after the verdict, Ian Lewis, solicitor for Duckenfield, said: ‘David is of course relieved that the jury has found him not guilty, however his thoughts and sympathies remain with the families of those who lost their loved ones. 

‘He understands the public interest in this case, but would ask that his privacy and that of his family is respected, and will not be commenting further.’

Ninety-six men, women and children died following the crush on the terrace but, under the law at the time, there could be no prosecution for the death of the 96th victim Tony Bland as he died more than a year and a day after the disaster. 

Prosecutors said now-retired policeman Duckenfield made ‘extraordinarily bad’ mistakes which ‘contributed substantially’ to the deaths and made ‘no attempt’ to monitor if the pens holding supporters were overcrowded. 

The court has heard Duckenfield ordered exit gates to the stadium to be opened after crowds built up outside the turnstiles, allowing fans to head through exit gate C and down the tunnel to the central pens where the fatal crush happened. 

Richard Matthews QC, prosecuting, said the case centred on the match commander’s personal responsibility for those attending.

But, Benjamin Myers QC, defending, said the former South Yorkshire Police officer had become a ‘target of blame’ and the prosecution was unfair.

The jury were warned by judge Sir Peter Openshaw to put aside the emotion as they considered the case. 

Duckenfield stood trial in January but the jury was discharged after failing to reach a verdict.

A ‘terrible lie’ told by Hillsborough match commander David Duckenfield was said to have ‘no significance’ in his first trial, but became key evidence in his retrial.

The court heard that in the immediate aftermath of the disaster, in which 96 Liverpool fans died following a crush on the terraces, Duckenfield told Football Association boss Graham Kelly and his press chief Glen Kirton that a gate at the ground had been forced.

He did not tell them he had authorised the opening of the exit gates, allowing crowds outside to enter and head down a tunnel to the central pens of the terrace, where the fatal crush happened.

In his evidence at inquests into the deaths in 2015, Duckenfield admitted it had been a ‘terrible lie’ and apologised ‘unreservedly’ to the families.

Former Sheffield Wednesday club secretary Graham Mackrell, 69, stood trial alongside Duckenfield in January and was found guilty of a health and safety offence for failing to ensure there were enough turnstiles to prevent unduly large crowds building up outside the ground.

The criminal trial and acquittal of Duckenfield was the fifth time a jury had been asked to consider if individuals were to blame for the 1989 Hillsborough disaster – with varying outcomes.

In March 1991, at Sheffield Town Hall, an inquest jury recorded majority verdicts of accidental death on the then 95 victims of the tragedy.

Coroner Dr Stefan Popper had previously told jurors that, to bring verdicts of unlawful killing, they would have to be satisfied that individuals were recklessly negligent in their actions.

Seven years later, the Hillsborough Family Support Group brought a private prosecution against match commander Chief Superintendent Duckenfield and his deputy, Superintendent Bernard Murray, who was in charge of the police control box overlooking the Leppings Lane terrace.

Following a six-week trial, in July 2000 a jury at Leeds Crown Court found Murray not guilty of manslaughter and was unable to reach a verdict against Duckenfield on the same charge.

The trial judge, Mr Justice Hooper, refused a retrial of Duckenfield as he said a fair trial would be impossible and that he had already faced public humiliation.

Twelve years on, the High Court quashed the accidental death verdicts in the original inquests and ordered new ones.

The new inquests began at Birchwood Park, Warrington, on March 31 2014 and ended on April 26 2016 – the longest jury case in British legal history – when among its determinations the jury found by a majority verdict that the 96 Liverpool fans were unlawfully killed.

In reaching that verdict, the jury had to be sure that Duckenfield owed a duty of care to those who died in the disaster, that he was in breach of that duty of care, that the breach caused the deaths and that it amounted to gross negligence.

Criminal proceedings followed and Duckenfield was charged with 95 counts of gross negligence manslaughter.

In April a jury at Preston Crown Court was discharged after it failed to reach verdicts on Duckenfield

Two months later, trial judge Sir Peter Openshaw ordered a retrial should take place at the same court.

Summing up the present case to the jurors, Sir Peter pointed out that what had been decided or not decided in other proceedings was ‘quite irrelevant’ to the task facing them.

He told them: ‘You decide what happened and whether this charge has been proved and you do so on what you have heard or seen in this court.

‘What any other jury found and what any other inquiry found will not help you reach your verdicts.’ 

Who were the victims of the Hillsborough disaster?

These are the 96 victims who lost their lives as a result of the Hillsborough tragedy on and after April 15 1989:

Adam Edward Spearritt, 14. A schoolboy from Cheshire, Adam was taken to the game by his father Edward and two friends. 

Alan Johnston, 29. A trainee accountant from Liverpool. Mr Johnston had travelled to Sheffield in a hired minibus with friends and was separated from them at the Leppings Lane turnstile due to the crowd. 

Alan McGlone, 28. A factory worker from Kirkby, who shared a car to Sheffield with friends, including Joseph Clark, a fellow victim. 

Andrew Mark Brookes, 26. A car worker from Bromsgrove, Worcestershire. Mr Brookes drove to the game with friends and entered the stadium through the turnstiles with his friend Mark Richards, before he was separated by a crowd surge.

Anthony David Bland, 22. A labourer from Keighley, West Yorkshire, who was 18 when he went to the game with two friends. Mr Bland died in 1993, several years after the disaster, after receiving severe brain injuries on the day which left him in a vegetative state. A landmark legal ruling allowed his family to stop life-support treatment, making him Hillsborough’s 96th and final victim. His death was not included in the David Duckenfield trial because laws at the time meant he died too late to be covered by the indictment.

Anthony Peter Kelly, 29. A married soldier from Birkenhead. He travelled to Sheffield with two friends, who survived. 

Arthur Horrocks, 41. A married insurance agent from the Wirral, Mr Horrocks had travelled to the game with his brother and nephews. One nephew saw him lose consciousness as crowd pressure intensified in one of the enclosures.

Barry Glover, 27. A married greengrocer from Bury, Lancashire. Mr Glover travelled to Sheffield with his father and three friends. 

Barry Sidney Bennett, 26. A seaman from Liverpool. Mr Bell had driven to watch the game with four friends. 

Brian Christopher Matthews, 38. A married financial consultant from Merseyside. He was a season ticket holder and had travelled to the game with friends.

Carl William Rimmer, 21. A video technician from Liverpool who went to see the match with his brother Kevin and two friends, who survived.

Carl Brown, 18. A student from Leigh, Greater Manchester. Mr Brown had travelled to the game with a group of friends by car. 

Carl Darren Hewitt, 17. An apprentice cabinet maker from Leicester. He had gone to the ground with his brother, Nicholas, who was also killed. The pair had travelled up to the fixture on a supporters coach. 

Carl David Lewis, 18. A labourer from Kirkby who went to Hillsborough with his brothers Michael and David. He hitchhiked part of the way so he could buy a ticket outside the ground. 

Christine Anne Jones, 27. A married senior radiographer from Preston. She went to the game with her husband Stephen, but was separated from him after they entered the ground. 

Christopher James Traynor, 26. A married joiner from Birkenhead. He travelled with his brother Martin and friend Dave Thomas, who both also died. 

Christopher Barry Devonside, 18. A college student from Liverpool, Mr Devonside had gone to the game with his father and some friends. His friends lost sight of him one minute before kick off in the swelling crowd. 

Christopher Edwards, 29. A steelworker from South Wirral. He travelled down to Sheffield with two others, but left them before entering the stadium. 

Colin Wafer, 19. A bank clerk from Liverpool who travelled alone to the match on a coach.

Colin Andrew Hugh William Sefton, 23. A security officer from Skelmersdale, West Lancashire, Mr Sefton drove to the match with his friends, who survived. 

Colin Mark Ashcroft, 19. Mr Ashcroft attended the game after travelling down on a coach organised by Liverpool Supporters Travel Club.  

David William Birtle, 22. An HGV driver from Stoke-on-Trent. Mr Birtle had attended the game alone. 

David George Rimmer, 38. A married sales manager from Skelmersdale, West Lancashire. He travelled by car to Sheffield with a friend and was separated after entering the stadium due to a crowd surge. 

David Hawley, 39. A married diesel fitter from St Helens. Mr Hawley drove to the game with family members, including his 17-year-old nephew Stephen O’Neill, who was also killed. 

David John Benson, 22. A sales representative from Warrington. Mr Benson had gone to the game with his friend, but had parted ways with him at the gates as they were in different areas.

David Leonard Thomas, 23. A joiner from Birkenhead. Along with a group of friends, Mr Thomas drove to the game from Liverpool. Two of the friends he was travelling with, Christopher and Martin Traynor, also died that day. 

David William Mather, 19. A post office counter clerk from Liverpool who drove his friends to the fixture. After his death, Mr Mather’s ashes were scattered at The Kop of Anfield football ground. 

Derrick George Godwin, 24. An accounts clerk from Gloucestershire. He went to the match alone, having caught a train from Cheltenham. 

Eric Hankin, 33. A married nurse from Liverpool. Mr Hankin lost his friends in the crowd at the turnstile due to the crowd pressure. 

Eric George Hughes, 42. A married sales executive from Warrington. He attended the game with friends and was seen by one of them being passed from the terraces by two police officers. 

Francis Joseph McAllister, 27. A fireman from Liverpool. Mr McAllister went to the ground with a group of friends, including Nicholas Joynes, who also died in the tragedy.

Gary Christopher Church, 19. A joiner from Liverpool. Mr Church went to the game with several friends on a minibus and met with another group which included Christopher Devonside and Simon Bell, both of whom were also killed.

Gary Collins, 22. A quality controller from Liverpool. He had driven to Sheffield with two friends, who lost him after the crushing began in the West Stand. 

Gary Harrison, 27. A married driver from Liverpool who had travelled to the game with his brother Stephen, also a victim of the disaster.

Gary Philip Jones, 18. A student from Merseyside. Mr Jones joined his cousin and several others on a minibus to the match. It was his first away game. 

Gerard Bernard Patrick Baron, 67. A retired postal worker who died at the ground after driving from Preston to watch the game with his son Gerard Martin Baron Jnr. Mr Baron was the oldest person to die that day.  

Gordon Rodney Horn, 20. A Liverpool fan who travelled to the ground with friends in a minibus from Bootle, Liverpool. He was separated from his friend in a crowd surge shortly before kick-off.

Graham John Roberts, 24. An engineer from Merseyside. He travelled by car with two friends to Hillsborough stadium. 

Graham John Wright, 17. A insurance clerk from Liverpool who went to see the match with his friend James Gary Aspinall, who also died. His brother attended the game separately from Graham and survived. 

Henry Charles Rogers, 17. A student from Chester. He caught a train with his brother Adam, but once they found themselves forced through the gates by the swelling crowds, lost one another. 

Henry Thomas Burke, 47. A married roofing contractor from Liverpool. Mr Burke went to Sheffield with a number of friends, but only entered the stadium with one other, James Swaine, who survived. 

Ian David Whelan, 19. A junior clerk from Warrington, Yorkshire. He travelled alone to the match on a coach from Anfield organised by the Liverpool supporters club. 

Ian Thomas Glover, 20. A street paver from Liverpool, Mr Glover had gone to the game with his brother Joseph, who survived. The pair were separated in the crowd and his brother later saw him being pulled from the enclosure.

Inger Shah, 38. A secretary from London. She attended the match with her son Daniel, before which they met friends including Marian McCabe, who was also killed. 

James Gary Aspinall, 18. A clerk from Liverpool. Mr Aspinall went on a coach from Liverpool to Sheffield with friend Graham Wright, who was also killed.

James Philip Delaney, 19. An assembly worker from South Wirral. Mr Delaney had arrived at the game that day with two friends, one of whom, James Hennessy, also died in the disaster.

James Robert Hennessy, 29. A plasterer from Ellesmere Port, Cheshire. He caught a coach with two friends, including fellow victim James Delaney. 

John Alfred Anderson, 62. A married security officer from Liverpool. Mr Anderson travelled to the game in Sheffield by car with his son Brian and two friends. 

John McBrien, 18. A student from Clwyd. Mr McBrien took a supporters bus to Hillsborough and was caught up in a surge near the ground’s perimeter fence.

Jonathon Owens, 18. A clerical officer from Chester. Mr Owens travelled with two friends to the match, including fellow victim Peter Burkett. 

Jon-Paul Gilhooley, 10. The youngest victim of the Hillsborough tragedy. He had gone to the game with his two uncles, who both survived. Footballer Steven Gerrard was his younger cousin.

Joseph Clark, 29. A fork-lift driver from Liverpool. He had travelled to the game with his brother Stephen and two friends, one of whom, Alan McGlone, also died at the ground.

Joseph Daniel McCarthy, 21. A student from London. He met his friends at a pub in Sheffield, including Paul Brady, a fellow victim that day.

Keith McGrath, 17. An apprentice painter from Liverpool. Mr McGrath travelled with friends, after being given a season ticket for Liverpool on his 17th birthday.

Kester Roger Marcus Ball, 16. A student from St Albans, Hertfordshire. Mr Ball had been driven to the game by his father Roger and was joined by two other children, who survived.

Kevin Daniel Williams, 15. A schoolboy from Merseyside who travelled to the game with four friends by train, one of whom, Stuart Thompson, also died. Mr Williams’ mother became a leading Hillsborough campaigner before her death in 2012.

Kevin Tyrell, 15. A schoolboy from Runcorn. He travelled to the game with four friends on a coach from Runcorn who he became separated from just before kick-off.

Lee Nicol, 14. A schoolboy from Bootle, Liverpool. He had travelled to the match with friends. Inside the ground, one friend saw him get knocked to the floor by the force of the crowd.

Marian Hazel McCabe, 21. A factory worker from Basildon, Essex, Miss McCabe took a train from London with several friends, one of whom was Inger Shah, who also died. 

Martin Kevin Traynor, 16. An apprentice joiner from Birkenhead. He travelled with his brother Christopher and friend Dave Thomas, who both also died.

Martin Kenneth Wild, 29. A printing worker from Cheshire. He had travelled to the game from Stockport with a group of friends, who all survived. He became separated from his friends during the game, who then next saw him on the floor.  

Michael David Kelly, 38. A warehouseman from Liverpool. He came down to the game on a supporters’ coach and left his friends to enter the ground alone. 

Nicholas Peter Joynes, 27. A married draughtsman from Liverpool. He took a minibus to the ground with friends, one of whom, Francis McAllister, also died. The remainder of their group had decided not to venture too far into the ground when they saw how crowded the enclosure was. 

Nicholas Michael Hewitt, 16. A student from Leicester. He and his brother Carl died in the tragedy. The pair were last seen exiting a coach they caught to the ground together. 

Patrick John Thompson, 35. A railway guard from Liverpool. Mr Thompson caught a train to the game with his two brothers, Kevin and Joe, with whom he entered the enclosure.

Paula Ann Smith, 26. Miss Smith, an avid Liverpool fan whose bedroom was covered in memorabilia, had travelled to the match alone after taking a coach laid on by Liverpool supporters’ club. 

Paul Anthony Hewitson, 26. A self-employed builder from Liverpool. Mr Hewitson had been given a lift in his friend’s van to Hillsborough stadium.

Paul David Brady, 21. A refrigeration engineer from Liverpool. Mr Brady had gone to the game with three friends, one of whom, Joseph McCarthy, was also killed. 

Paul Brian Murray, 14. A student from Stoke-on-Trent. He had been taken to the fixture by his father and the pair had been knocked over by the force of the crush, which separated them.

Paul Clark, 18. An apprentice electrician from Swanwick, Debyshire, Mr Clark went to Hillsborough with his father Kenneth and a friend. He was separated from his friend after a crowd surge pushed him towards a perimeter fence and out of sight. 

Paul William Carlile, 19. A plasterer from Liverpool. Mr Carlile had travelled to Sheffield with two friends, before leaving the group to try and swap his terrace ticket for a seat ticket at a nearby pub. 

Peter Andrew Harrison, 15. A schoolboy from Liverpool who went to the game with two friends. His friends had tickets for a different part of the ground and survived.

Peter Andrew Burkett, 24. A married insurance clerk from Prenton, Birkenhead. Mr Burkett travelled to Sheffield from Liverpool with friends, including Jonathon Owens, who also died.

Peter Francis Tootle, 21. A labourer from Liverpool. He travelled to Hillsborough by car with his uncle Stephen and a friend, both of whom survived. 

Peter McDonnell, 21. A bricklayer from Liverpool. He went to the game with a group of friends, all of whom survived. 

Peter Reuben Thompson, 30. An engineer from Wigan. Mr Thompson travelled alone to the game in his company car. 

Philip Hammond, 14. A student from Liverpool. He got to the stadium by coach and entered the stadium with friends. He was swept out of sight by the crowd and they did not see him again. 

Philip John Steele, 15. A student from Merseyside. Mr Steele travelled with his parents and brother Brian, with whom he entered the stadium. 

Raymond Thomas Chapman, 50. A married fitter from Birkenhead who drove to the ground with two friends, one of whom, Thomas Fox, was also killed that day.  

Richard Jones, 25. An office worker from Allerton, Liverpool, who had gone to the game with his sister and his girlfriend Tracey, who also died.

Roy Harry Hamilton, 34. A married railway technician from Liverpool. Mr Hamilton had driven to Sheffield with his stepson and brother-in-law, who survived the ordeal.

Sarah Louise Hicks, 19. A student from Pinner, Middlesex. She had gone to the game with her parents and her sister Victoria, who was also killed.

Simon Bell, 17. A YTS trainee from Liverpool. Mr Bell was killed at the stadium after travelling by car with his friend and his friend’s father. Upon arriving at Hillsborough, he had entered the stands with some friends, several of whom also died, before being swept away in the crush.

Stephen Paul Copoc, 20. A landscape gardener from Liverpool. Mr Copoc travelled to the game by coach with two friends, both of whom survived. 

Stephen Francis Harrison, 31. A driver from Liverpool. Mr Harrison had gone to the game with his brother Gary, who also died.

Stephen Francis O’Neill, 17. A student and cable jointer’s mate from Merseyside. Mr O’Neill was taken to the game by his father and shared a car with his uncle David Hawley, who also died. 

Steven Joseph Robinson, 17. An apprentice auto-electrician from Bootle, Liverpool. He travelled to the game with friends and had aspirations of joining Merseyside Police at the time of his death.

David Steven Brown, 25. A machine operator from Wrexham. Mr Brown attended the semi-final fixture with his brother Andrew, who survived. He left behind his wife Sarah, who was six months pregnant with his daughter at the time. 

Stuart Paul William Thompson, 17. An apprentice joiner from Liverpool. He travelled to the game with his brother and some friends by car. 

Thomas Anthony Howard, 14. A schoolboy from Runcorn, Cheshire. Known as Tommy, he travelled to the ground with his father Thomas, who also died.  

Thomas Howard, 39. A chemical process worker from Runcorn, Cheshire who had taken his son to the game, along with a party of friends. His son, also Thomas, was another victim of the tragedy. Mr Howard was last seen saying something about his son repeatedly during the crush, before losing consciousness.

Thomas Steven Fox, 21 A production worker from Birkenhead. He had come to the game with two friends, including fellow victim Raymond Chapman. 

Tracey Elizabeth Cox, 23. A student from Wiltshire who had gone to the stadium with her boyfriend Richard Jones, who also died, and his sister Stephanie Jones, who survived. 

Victoria Jane Hicks, 15. A student from Pinner, Middlesex and the youngest female victim of the Hillsborough disaster. She died standing alongside her sister Sarah, after both were taken to the game by their parents, who survived. 

Vincent Michael Fitzsimmons, 34. A moulding technician from Wigan. Mr Fitzsimmons had got a coach to the game with three friends, who survived the disaster.

William Roy Pemberton, 23. A student from Liverpool. He was accompanied by his father, also William, to Sheffield by coach. His father travelled with him to keep him company, but did not attend the game.