An investigation into the Hillsborough disaster has revealed that 12 police officers would have faced gross misconduct proceedings for "fundamental failures" after attempting to shift blame onto fans in the aftermath.
A report released on Tuesday by the Independent Office for Police Conduct (IOPC) also supported or found cases to answer for misconduct in 92 complaints about police actions.
However, due to the law at the time, no officers will face disciplinary proceedings as they had all retired before the investigations commenced.
Investigations into the disaster by the IOPC and criminal probe Operation Resolve started in 2012 following the release of the Hillsborough Independent Panel report, costing more than £150 million.
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Nicola Brook, a solicitor at Broudie Jackson Canter representing several bereaved families, stated it was a “bitter injustice” that no one would be held accountable.
She commented: “This outcome may vindicate the bereaved families and survivors who have fought for decades to reveal the truth – but it delivers no justice.
"Instead, it highlights a system that has allowed officers to simply walk away, retiring without scrutiny, sanction, or consequence for failing to meet the standards the public has every right to expect.
"Yes, the law has now changed so this loophole cannot be used in future. But for those affected by this case, that is no consolation.
"They are left with yet another bitter injustice: the truth finally acknowledged, but accountability denied."
Investigators discovered South Yorkshire Police did attempt to redirect blame from the disaster away from the police, but Ms. Cashell stated they did not find evidence of an orchestrated cover-up to the evidence threshold needed to be met.
Among those who would have had cases to answer for gross misconduct if still serving include South Yorkshire Police’s then-chief constable Peter Wright and match commander David Duckenfield.
Sir Norman Bettison, who later became chief constable of Merseyside Police, would also have been on the list.
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Ninety-seven Liverpool supporters died at the FA Cup semi-final on April 15, 1989, when police opened an exit gate to the ground to relieve crowding outside but failed to direct supporters away from the tunnel leading to the central pens where the crush occurred.
IOPC deputy director general Kathie Cashell said the victims, their families, and survivors had been "repeatedly let down."
Ms. Cashell stated: "First by the deep complacency of South Yorkshire Police in its preparation for the match, followed by its fundamental failure to manage the disaster as it unfolded, and then through the force’s concerted efforts to deflect the blame onto the Liverpool supporters, which caused enormous distress to bereaved families and survivors for nearly four decades."
"They were let down again by the inexplicably narrow investigation into the disaster conducted by West Midlands Police, which was a missed opportunity to bring these failings to light much sooner."
West Midlands officers who led the investigation into the disaster, assistant chief constable Mervyn Jones, and then-detective chief superintendent Michael Foster, were referred to the CPS for their failings, but the threshold for prosecution was deemed not to have been met, according to the report.
Mr. Duckenfield, 81, a chief superintendent on the day, was acquitted of gross negligence manslaughter by a jury in 2019.
The report noted that allegations fans were to blame for the disaster were “wholly refuted” at new inquests into the deaths, which in 2016 concluded fans had been unlawfully killed.
Other officers who would have faced cases for gross misconduct related to their actions on the day were Mr. Duckenfield’s second-in-command Bernard Murray and his superior, assistant chief constable Walter Jackson, who was also noted to have failed in the planning of the match.
Also included were officers on duty in the Leppings Lane end Roger Marshall, a superintendent, then-inspector Harry White, and John Morgan, a sergeant.
Mounted police constable David Scott would have faced a case of gross misconduct for his account that his horse suffered cigarette burns from Liverpool fans – an incident which evidence indicated did not take place, the IOPC stated.
South Yorkshire Police chief Mr. Wright, who died in 2011, was found to be "insensitive" by investigators reviewing allegations he attempted to promote a false narrative and would have had a case to answer for seeking to deflect blame.
The report also stated there was no evidence that attempts to deflect blame were related to Freemasonry or an attempt to protect a Freemason.
The only person to be convicted as a result of the investigations is former Sheffield Wednesday club secretary Graham Mackrell, who was fined £6,500 and ordered to pay £5,000 in costs after being found guilty of failing to ensure the health and safety of fans arriving at the ground.
Home Secretary Shabana Mahmood stated: "The unlawful killing of the 97 at Hillsborough 36 years ago is a stain on our nation’s history and today serves as a stark reminder of one of the most significant failings in policing the country has ever seen.
"I want to pay tribute to the families and survivors of Hillsborough.
"They have faced years of mistreatment and delay, but thanks to their tireless campaigning, we are introducing the Hillsborough Law, which will place a legal duty of candor on public servants and authorities.
"There is also now legislation in place which means that police officers cannot evade misconduct proceedings by retiring or resigning, so these failings can never be repeated."
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