Hillsborough Untold: Aftermath of a disaster

  For Olivia and Freya

  CONTENTS

  Title Page

  Dedication

  Preface

  Chapter 1 One day in April…

  Chapter 2 The fella in seat NN28

  Chapter 3 The immediate aftermath

  Chapter 4 Helping with inquiries

  Chapter 5 An enduring hurt

  Chapter 6 In my Liverpool home

  Chapter 7 An independent view

  Chapter 8 The hue and cry

  Chapter 9 It’s not personal, it’s just politics

  Chapter 10 In the shadow of Salem

  Chapter 11 Might this be the final chapter?

  Copyright

  PREFACE

  This account is offered in the spirit of openness and transparency. Nothing should remain concealed about Hillsborough, for the bereaved families and all of those whose lives were changed by the disaster deserve nothing less than the whole truth. That is so even if any disclosure sits uncomfortably with the popular narratives that currently surround that fateful day and its aftermath.

  Nothing here is intended to disturb or challenge the findings of the judicial processes that have examined the facts about Hillsborough. The inquiry by Lord Justice Taylor, which reported within sixteen weeks of the disaster, and the most recent Coroner’s Inquest, which took evidence for more than two years, reached the same conclusion. Whilst there were other contributory factors, the disaster was primarily caused by a failure of police control on the day. Since hearing the evidence unfold at the Taylor Inquiry, twenty-seven years ago, I have always agreed with that judgment.

  Whilst this account, in places, describes the personal impact of being the subject of an inaccurate and unfair narrative, it does not invite or bear comparison with the experience of the bereaved and others who have struggled against a particular Hillsborough narrative for a quarter of a century.

  There are no competing tragedies here. Ninety-six people lost their lives at a football match. Others were permanently disabled by the same events. Thousands were traumatised by what they saw that day. Too many have been obliged to carry the burden of bereavement or bear the responsibility of caring for those who were injured. What happened at Hillsborough on 15 April 1989 affected the lives of countless people. My account is intended to amplify that tragedy rather than detract from it.

  CHAPTER 1

  ONE DAY IN APRIL…

  1.45 p.m., 15 April – 4 a.m., 16 April 1989

  I thought the man was dead by the time I reached him. I had seen death many times during my police career. I also thought that the ten or twelve bodies that had been laid, unceremoniously, alongside a fence, were dead too, although I had fewer close-quarter observations on which to support that presumption.

  I have always hoped to talk about this encounter as it might add to the knowledge, and provide peace of mind, for a next of kin somewhere. Curiously, no one has seemed interested in my direct connection with the Hillsborough disaster.

  I was pleased, therefore, twenty-six years later, in the packed aircraft hangar of a courtroom at Warrington, when Jonathan Hough QC, Counsel to the Inquest, seemed as though he might be about to open that door for the first time.

  Since being called to the Bar, Mr Hough has acted as Counsel in the Diana, Princess of Wales, inquest; the Charles de Menezes shooting inquiry; Potters Bar and Grayrigg rail disasters; and the inquiry into the explosion and resulting deaths on the nuclear submarine HMS Tireless. Then, most recently, Lord Justice Goldring had invited him to assist in his renewed inquest into the causes of the deaths of ninety-six people who had lost their lives so tragically at Hillsborough Football Stadium on 15 April 1989.

  My own written testimony was furnished within days of the disaster. It constitutes only a very small piece of the overall jigsaw. Nevertheless, it is difficult to understand why no one has ever enquired about the attention I paid to those who perished.

  I was never asked by the West Midlands Police, who carried out an initial investigation into the Hillsborough disaster, nor by the original Coroner’s Inquest that sat and reached verdicts in 1991, and which is today regarded as having been an unsatisfactory procedure. Nor was I asked by the campaigning journalists or anyone on behalf of the Hillsborough Family Support Group, who have represented the interests of the bereaved over the years. The question wasn’t raised in an interview I gave to Professor Phil Scraton, who wrote the 1999 book Hillsborough: The Truth and who went on to become the principal author of the report of the Hillsborough Panel, set up by the government in 2009 to review everything that was known and written about Hillsborough. Nor was it ever brought up by the Independent Police Complaints Commission (IPCC), who have taken a keen interest in me and my Hillsborough past. And finally, my role on the day of the disaster has never been questioned by anyone from Operation Resolve, the massive investigation team set up, at considerable public expense, to reinvestigate precisely how ninety-six people had met their deaths a quarter of a century previously.

  Now, though, Counsel to the Inquest, in the most appropriate forum, was on the threshold of asking me about the man on the stretcher to whom I attended whilst waiting for one of the first ambulances to appear.

  WITNESS: ‘… When I turned around there was a metal stretcher and on that stretcher was a man, twenty-eight to thirty years old, six feet tall…’

  JONATHAN HOUGH QC: ‘Did you intend to render assistance to him?’

  WITNESS: ‘Yes, together with a policewoman and a St John’s Ambulance man…’

  CORONER: ‘Is it necessary to go into great detail of this Mr Hough?’

  JONATHAN HOUGH QC: ‘I’m just…’

  CORONER: ‘I don’t think it is.’

  The enquiry into my personal experience of one of the greatest postwar tragedies, a story I had been waiting twenty-six years to tell, was to be closed down before it had really begun. Mr Hough looked bemused but moved on following a clear direction from the judge. This vignette confirmed my suspicion that I had been invited to give evidence at Warrington not as a witness to events that may be of assistance to the jury, and to a bereaved family somewhere, but as a pseudo defendant at the only forum that might, figuratively speaking, put me in ‘the dock’.

  I had been shown the legal arguments that preceded my calling. Jonathan Hough QC made it quite clear that I was unlikely to be of significant assistance to the jury and that I should not be called simply on account of my more recent notoriety. Others, including those barristers representing the bereaved families, objected and seemed determined to bring me to public scrutiny at the Coroner’s Inquest. The judge, I believe somewhat equivocally from my reading of his decision, agreed to do so. In all of these considerations, no one made any reference to my experiences on the day of the disaster. They instead argued, for example, that I should be held to account for the manner in which I had applied for the job of Chief Constable of Merseyside, almost a decade after the tragedy, and other esoteric issues. Quite how such issues might assist the jury in determining the causes of deaths of the ninety-six deceased was not clear.

  Those ninety-six people attended a football match that day, as did I. An enthralling contest was anticipated. Liver pool FC and Nottingham Forest, arguably the two best teams of the day, were to compete on neutral ground at Hillsborough, Sheffield for a place in the 1989 FA Cup Final. The winning team in this semi would be the favourite to lift the cup. The stage was set.

  It was a warm and sunny spring day on 15 April 1989. I have remembered the day, and the ninety-six, on its anniversary each year since and the sun has often shone. I certainly didn’t need my heavy wax jacket, but had made a hasty decision to take it w
hen I left the house. I parked near to Hillsborough stadium on the north side of Sheffield at 1.45 p.m. and had reached my seat by 1.54 p.m. I can be precise because I was sitting below the famous old clock set into the canopy of Hillsborough’s South Stand, and I also had the electronic scoreboard with its bright-red pixilated numbers shining over my left shoulder.

  The short walk from my car took me along Leppings Lane, adjacent to the stadium. The only thing that I noticed that was out of the ordinary was the number of people asking for ‘spares’ or ‘swaps’. I was a seasoned football fan but had been to less than a dozen all-ticket games. The home-and-away, core Liverpool fans, though, had been raised in a culture where the demand for match tickets often exceeded supply. Liverpool FC were at the height of their powers and had dominated English and European football since the early ’70s. There was, in short, a more mature secondary market for tickets amongst Liverpool fans than anywhere else in the country. I would enjoy, much later in life, the opportunity of regular visits to Anfield, and European forays supporting the Reds, and so I became used to running the gauntlet of buyers and sellers of hard-to-come-by tickets. It was novel to me, however, in 1989.

  I had bought, and read, a programme whilst awaiting the 3 p.m. kick-off. I was sitting in seat NN28 in the South Stand, immediately adjacent to the Leppings Lane end, just twenty-eight seats away from where the tragedy unfolded. I noticed, and said so in my contemporaneous witness statement, that the enclosures behind the goal at the Leppings Lane end of the ground were much fuller than the enclosures to either side. I had been to other games at Hillsborough and this didn’t strike me as unusual. Ardent fans always want to be as close as they can to goalmouth action.

  As kick-off approached, the centre pens became full. I noticed that a giant inflatable beach ball was being patted around in Pen No. 3, which is where a safety barrier was to collapse in the minutes that followed and where the overwhelming majority of deaths occurred.

  There seemed nothing unusual, let alone critical, happening on those terraces in the moments before disaster struck. There were a few individuals climbing up from the central pens to the seated area above but, at that time, I thought the reason was opportunism rather than escape. I was sitting about fifty metres away with an unobstructed view. A public safety professional with a fair experience of football from both a police officer’s and a supporter’s perspective and I could sense no danger. Of course, I knew nothing of the decision that was being made, at that precise moment, to open a concertina exit gate and allow 2,000 more people to stream in, unmanaged and undirected, to join the throng on the terraces behind the goal.

  The ultimate question as to culpability for the deaths in the spring sunshine at Hillsborough is right here. No one has ever advanced the view that it was the wrong decision to open the gate. On most accounts, there were likely to be casualties, and probably fatalities, in the vice-like crush outside the turnstiles. Police officers on duty there had already asked three times for permission to open the stadium gates to effect this emergency relief. The key question is about the extent to which a public safety professional, with an experience similar to or greater than mine, enjoying a similar view to that which I had over the terrace, could or should have foreseen that the decision to open the exit gate, allowing unsupervised entry into the ground of 2,000 more fans, was likely to create a potentially fatal situation.

  My honest answer to that most crucial question is that, whilst it was foreseeable, I just cannot know whether it was foreseen – Chief Superintendent David Duckenfield, the police match commander that day, must account to the law and to his own conscience in that regard. What is obvious is that, in hindsight, David Duckenfield, and others around him, should have made that link and acted swiftly. They had adequate time, more than five minutes from the first request to open the gates, in which to contemplate all the issues. Gate C was then in an open position for a further five minutes. Count to 300 in your head and consider how many thoughts flash through your mind during that time.

  Whether they did make the connection and ignored the risk, or should have made the connection and froze, or whether it was reasonable for them, in all the circumstances, not to have made the connection, is a matter for judicial determination. It is a question that has been put to such determination once already. The jury in a criminal trial of David Duckenfield failed, in 2000, after five days’ deliberation, to reach a verdict on a charge of manslaughter. Superintendent Bernard Murray, who was Mr Duckenfield’s very experienced deputy, and who stood along side Mr Duckenfield throughout those agonising minutes of mutual indecision, was found not guilty of a similar offence. It remains to be seen whether judicial determination ends there or whether the question of Mr Duckenfield’s actions and, just as importantly, his thoughts on that spring afternoon in 1989, are to be brought once more to account.

  There were, as there always are in the lead-up to any disaster, attendant factors that together created a perfect storm. There is more to the story of the Titanic sinking, coincidently on 15 April, than Captain Edward Smith and an iceberg. At Hillsborough, the stadium furniture severely hindered the escape of those who were crushed on the terrace. What on earth were we all thinking in the 1980s when we created impenetrable, unscalable and unyielding steel fences to effectively cage football supporters for the duration of the game?

  It wasn’t only Hillsborough that had perimeter fences to prevent anyone from invading the sanctity of the playing area. They were common throughout the higher leagues of Europe. Though some continental countries chose netting or moats rather than steel for the job of containing the worst excesses of football hooliganism, which sometimes resulted in rival fans fighting each other on the pitch or attacking the players of the opposing team.

  The English first division clubs favoured steel mesh. These fences appeared at most but not all grounds. They were encouraged by the football authorities and by the government, which was dismayed by the constant embarrassment of instances of what the world’s press had labelled ‘The British Disease’. In the 1980s, hooliganism at football matches was frequent; it was ugly, and it was dangerous. Thirty-nine Juventus fans had been killed at the Heysel stadium in Belgium just four years before the Hillsborough disaster. It provoked sanctions against English football, with all of their teams banished from European competition for the remainder of the decade.

  It was Heysel, and other similar incidents, that caused the government to be actively proposing a draconian Football Supporters Bill, designed to curb hooliganism, at the very time that the Hillsborough disaster occurred. There was no hooliganism present at Hillsborough on that fateful day, but the measures put in place to address the threat of hooliganism, and the predisposition of the police and other authorities to anticipate hooliganism, were at least a part of the problem that afternoon. It is a sad indictment that hooliganism, in the minds of the majority, occupied a higher priority than safety.

  The steel fences were the ill-considered response of an industry that was trying to limit the potential for trouble by the most economical means possible. ‘Take their money at the gate, segregate them, then cage ’em in. That should do the trick.’

  The lateral fences in place at the Leppings Lane terraces at Hillsborough were not common across all football stadia. These steel-mesh fences, similar in construction to the perimeter fences, ran at ninety degrees from the edge of the playing surface to the brick wall at the rear of the terrace. There were six of these lateral fences, thereby dividing up the Leppings Lane terrace into seven pens. Effectively, these created cages with only a single gate of less than one metre in width on the front and a gate of slightly larger dimensions on each side boundary. There was a single tunnel beneath the seating area to serve the entrance and exit needs of the majority of the 10,000 supporters who were licensed to stand in those cages. The tunnel could be closed off by the police, and often was when two opposing sets of supporters were being directed into separate cages.

  I had stood in the cages at Hillsborou
gh and other grounds as a law-abiding football supporter and it always felt wrong. It was a voluntary confinement for two hours each Saturday afternoon.

  I had also, in the 1970s, stood in a capacity crowd at Leppings Lane, when Sheffield Wednesday played Manchester City in the last game of a season that saw Wednesday relegated. The home team needed only a point that night to remain in the first division. They lost. The crush on the terrace was unbearable. And this was before the erection of the perimeter and lateral fences, so I can only imagine, from my own earlier painful experience, how terrible those minutes were for those caught up in the 1989 tragedy, who not only endured a crush, but whose means of escape was prevented by unyielding steel mesh.

  Could it or should it have reasonably been foreseen by anyone with a responsibility for public safety that these confines were, in effect, death traps? It was foreseeable that fire, a panic, a terrorist incident or, as in this case, unintended overcrowding, would each create the potential for injury or death. Hindsight offers such perfect clarity.

  Hillsborough, and the Leppings Lane terraces, had another, unique, engineering flaw. The crush barrier configuration was unsafe and this contributed to the scale of the tragedy.

  Crush barriers are placed, strategically, along any terrace to break up the crowd, to disperse pressure and to prevent a crush. In fact, the crowd packing and pressure were so great in Pen 3 at Hillsborough on the fateful day that a crush barrier, number 124A, bent and finally gave way, causing an involuntary cascade of bodies to pile onto the floor and on top of each other. One thing that the jury in the renewed inquest might have put their minds to is whether this crush barrier failure could explain the disproportionate number of fatalities in Pen 3 compared with the handful of deaths in Pen 4. Both pens were similar in style and design and were equally overcrowded when the tragedy occurred. I know that because I would later be tasked to carry out a headcount from the photographs taken of the crowds in both pens.