Former Sheffield Wednesday club secretary Graham Mackrell found guilty of failing to discharge his duty under Health and Safety at Work Act at Hillsborough
Friday 5 April 2019 11:05, UK
The jury in the trial of Hillsborough match commander David Duckenfield over the gross negligence manslaughter of 95 Liverpool fans has failed to reach a verdict - but prosecutors are seeking a retrial.
Former Sheffield Wednesday club secretary Graham Mackrell, 69, was found guilty on Wednesday of failing to discharge his duty under the Health and Safety at Work Act.
Mr Duckenfield, the 74-year-old retired chief superintendent for South Yorkshire Police, was accused of the gross negligence manslaughter of 95 Liverpool fans at the 1989 FA Cup semi-final.
About 60 family members gathered at the Cunard building in Liverpool gasped as the jury foreman told the court they could not reach a verdict for Duckenfield on which they were all agreed.
There were cheers as the guilty verdict for Mackrell was announced.
Sue Hemming, director of legal services for the Crown Prosecution Service, said: "This trial, which relates to events from almost 30 years ago, has been incredibly complex and, after lengthy deliberations, the jury has found Graham Mackrell guilty but has been unable to reach a verdict in respect of David Duckenfield.
"We have discussed the matter carefully with counsel and I can confirm the CPS will seek a retrial against Mr Duckenfield for manslaughter by gross negligence of 95 men, women and children.
"I recognise that these developments will be difficult for the families affected by the Hillsborough disaster.
"We have remained in regular contact with them throughout these proceedings and spoke with those present in Preston and Liverpool before informing the court of our decision."
Judge Sir Peter Openshaw gave jurors at Preston Crown Court a majority direction on Monday afternoon, telling them he would accept verdicts on which at least 10 of them were agreed.
He told the jury there was no pressure of time but said if they reached a stage where there was "no possibility" of them agreeing on verdicts they must let him know.
Jurors were then discharged by the judge after failing to reach a verdict on the manslaughter charge against Mr Duckenfield.
Mackrell, who was safety officer for the club at the time, was accused of failing to take reasonable care particularly in respect of ensuring there were enough turnstiles to prevent unduly large crowds building up.
He did not give evidence either but Jason Beer QC, defending him, argued the build-up outside was caused by other factors, including a lack of police cordons and the unusual arrival pattern of fans.
