HILLSBOROUGH DISASTER: THE NEW EVIDENCE UNDER IPCC INVESTIGATION
By Owen Gibson, from www.guardian.co.uk

The Independent Police Complaints Commission (IPCC) will conduct a
wide-ranging investigation into allegations of police misconduct raised by
the Hillsborough independent panel report published last month. It will
consider new evidence unearthed by the 395-page report and 450,000
supporting documents, and can recommend criminal charges or disciplinary
action against the individuals concerned. These are the new areas that will
be considered:

Failure to declare a major incident
The report showed that none of the emergency services effectively mobilised
a major incident plan. One of the crucial new disclosures in the panel's
report was that as many as 41 of the 96 victims of the disaster had the
potential to survive beyond the 3.15pm cut-off point imposed by the coroner
on the original inquiry. "Therefore a causation issue may arise in relation
to the emergency response, which has not been previously considered," the
IPCC said.

Tunnel closure
The report describes overcrowding at previous Semi-Finals at the ground in
1981, 1987 and 1988, but says that when the pens at the Leppings Lane end
were full, the tunnels leading to them were closed on the instruction of
senior officers. Evidence of a failure to do so in 1989 was among the
information removed from police officers' statements. Senior officers denied
knowing the tunnel had been closed in previous years, but there is evidence
in the report that they may have lied.

Changes to officers' statements
The report reveals that in the aftermath of the disaster, statements taken
from officers to present a "suitable case" for the inquiries that followed
were altered on the instruction of senior officers to present the police in
a better light and emphasise the role of the fans. Of 164 statements which
were substantially altered, 116 were changed to remove criticism of the
police. "The alleged nature of some of the amendments may amount to the
criminal offences of perverting the course of justice or misconduct in
public office. The deliberate alteration of statements may also raise
misconduct offences in relation to honesty and integrity," the IPCC said.
Aside from the method of taking the statements, the IPCC will also look into
whether the Wain report, which was based on the statements, was biased and
sought to divert criticism from South Yorkshire police. "At its highest this
could amount to perverting the course of justice, and at the least, raises
questions of discreditable conduct, and honesty and integrity," it said.

Alleged misleading of media and parliament
The original Taylor report revealed the sensationalist reporting of the
behaviour of Liverpool fans, most notoriously in the Sun's story under its
front page headline "The Truth", to be entirely without foundation. The
independent panel's report sets out in detail the attempts of various South
Yorkshire police officers to undermine Taylor's conclusions and blame drunk
fans for the disaster. The IPCC will investigate comments from the secretary
of the police federation, Paul Middup, named in the media as the source of
untrue allegations of fans' drunken behaviour. It will look into a Police
Federation meeting with MP Michael Shersby to determine whether the
organisation deliberately misled him, and it will investigate the source of
comments to White's news agency in Sheffield, which formed the basis of the
Sun's story. The police briefing given to Margaret Thatcher and the home
secretary at the time, Douglas Hurd, when they visited Sheffield the day
after the disaster, will also be covered.

The actions in the gymnasium
The gymnasium underneath one of the stands was used as a temporary mortuary.
The IPCC (will) look into why the coroner gave the order to check all of the
victims' blood alcohol levels, and will investigate the conduct of police in
allegedly carrying out national computer checks on the deceased and others.
It will also look into why relatives were questioned about how much alcohol
their loved ones had consumed. "We will need to investigate whether this
formed part of the attempts to gather evidence to shift the blame from South
Yorkshire police, the IPCC said.

Potential problems with previous investigations
The statements taken by West Midlands police obtained no evidence that was
compliant with the Criminal Justice Act, and the format caused a delay that
may have led to disciplinary proceedings not taking place. The Police
Complaints Authority expressed concerns in "the strongest terms" but had no
power to act. In the meantime, Chief Superintendent Duckenfield, who was in
overall control on the day of the match, retired on grounds of ill health.
The independent panel's report also raises concerns about the conduct of
Cumbria's chief constable, Leslie Sharp, who concluded an investigation into
his South Yorkshire counterpart, Peter Wright, three days before Wright's
planned retirement. Sharp subsequently wrote to Wright, praising him and
saying that he had not wanted to conduct the investigation. The IPCC said
"these disclosures raise questions about the adequacy and thoroughness of
the West Midlands police investigation and its oversight".

The role of Sir Norman Bettison
The chief constable of West Yorkshire police, Sir Norman Bettison, was
referred to the IPCC for his role in disseminating misleading information in
the wake of the disaster. He was present at the Police Federation meeting
with Shersby on 3 October 1989, where he showed a video compiled from 65
hours of footage from Hillsborough. He later showed the same video to a
wider group of MPs. The IPCC said it was "unwise" for Bettison to issue a
statement in the wake of the independent panel's report and "insensitive and
inappropriate" to mention the behaviour of the fans. The IPCC received a
further "serious allegation", which will be investigated immediately, that
Bettison sought to influence the decision-making of the West Yorkshire
Police Authority in regard to its initial referral of him to the IPCC.
Bettison announced earlier this month that he planned to retire next March.

What happens now?
The IPCC will spend several months determining the size and scope of what
will be the biggest investigation into the police in British history. The
home secretary, Theresa May, has promised to provide the necessary manpower
and resources. It will ultimately decide whether criminal charges should be
referred to the Crown Prosecution Service or make recommendations for
disciplinary charges. It acknowledges, however, that its powers are limited
where actions fall short of criminal charges and the individuals concerned
have retired.

The Director of Public Prosecutions will review the evidence with a view to
bringing manslaughter charges against organisations - which could include
South Yorkshire police, Sheffield Wednesday Football Club and Sheffield City
Council - or individuals. The attorney general, Dominic Grieve, must also
decide whether to apply to the high court to quash the existing 96 verdicts
of accidental death. He will liaise with the families and the CPS over when
to hold any new inquest.

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