Man cleared of manslaughter of 95 Liverpool fans

David Duckenfield has been cleared of gross negligence manslaughter (Courtesy)

Hillsborough match commander David Duckenfield has been found not guilty of gross negligence manslaughter of 95 Liverpool supporters.

The retired chief superintendent, 75, denied the charge relating to the FA Cup semi-final on April 15 1989.

After delivering the verdict the judge, Sir Peter Openshaw thanked the jury before they were dismissed.

Ninety-six men, women and children died following the crush on the terrace but, 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 the disaster.

Christine Burke tearfully spoke from the gallery after the verdict was delivered and said that the 96 were unlawfully killed and she wants to know who is responsible, reports the Liverpool Echo.

Her dad was one of those killed.

About 45 family members watched the verdict from the Cunard building in Liverpool, where the trial was screened.

There were shouts in the room as the verdict was announced.

One family member shouted: "Stitched up again."

Other family members were in tears.

Last year it was confirmed no-one else would face prosecution for the unlawful killing of 96 men, women and children.

The prosecution in the case alleged Duckenfield, 75, had a "personal responsibility" for what happened at the match between Liverpool and Nottingham Forest.

The retired chief superintendent, 75, denied the charge relating to the FA Cup semi-final on April 15 1989 [Courtesy]

Police statement on David Duckenfield not guilty verdict

“My first thoughts are with the 96 people who died in the Hillsborough disaster, their families, and the thousands of people who have been deeply affected by the events of 15th April 1989.

“The jury had a difficult and challenging task examining evidence going back decades and I respect their decision.

“It may sound like a cliché to say “lessons must be learnt”, but today’s verdict means this has never been more relevant or important.

“It is right that an impartial and thorough investigation was carried out, and it is right that a jury was asked to make a judgement of the facts. What is wrong is that it has taken 30 years to get to this point.

“The passage of 30 years has presented challenges for everyone involved in the legal process, prosecution and defence. 30 years means evidence has been corroded and some people and organisations cannot answer for their actions because they are no longer with us.

"30 years means myths took root about fans being a cause of the disaster, now unequivocally shown by both defence and prosecution evidence to be wrong. And 30 years means many people, especially families, have had to constantly relive their terrible experience.

“When all Hillsborough legal proceedings are concluded we should, as a society, take time to consider these matters and learn lessons. For the sake of the 96 innocent people who died 30 years ago, something like this should never happen again.”

Duckenfield stood trial earlier this year but the jury was discharged after failing to reach a verdict and a retrial was ordered.

The court heard the chief superintendent ordered the opening of exit gates at the Leppings Lane end of the ground at 2.52 pm, eight minutes before kick-off, after the area outside the turnstiles became dangerously overcrowded.

More than 2,000 fans entered through exit gate C once it was opened and many headed for the tunnel ahead of them, which led to the central pens where the crash happened.

Duckenfield did not give evidence in the trial as the court heard he was suffering from post-traumatic stress disorder.

Judge Sir Peter Openshaw also told jurors the condition could explain Duckenfield's lack of reaction as he sat in the well of the court throughout the trial.

He said: "He has a resilient, passive and expressionless external presentation which gives no indication of his state of mind so don't draw an adverse inference against him."

The court was played audio of the retired chief superintendent giving evidence to inquests in 2015.

At the hearings, he accepted he should have taken steps to close the tunnel to the central pens after ordering the opening of the exit gate.

Benjamin Myers QC, defending Duckenfield, told the jury he had been a "target of blame" for the disaster.

He told the court: "We say David Duckenfield did do what he was expected to do as match commander. He didn't breach his duty, he did what he was expected to do in difficult circumstances."

Summing up the case, the judge said: "The deaths of 96 spectators, many of whom were very young, is, of course, a profound human tragedy attended by much anguish and anger which for many has not passed with time.

"But, as both counsel have advised you and I will now direct you, as you go about your duty you must put aside your emotions and sympathies, either for the bereaved families or indeed for Mr Duckenfield, and decide the case with a cold, calm and dispassionate review of the evidence that you have heard in court."

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.

He was fined £6,500 and ordered to pay £5,000.