The trial of three men accused of altering police statements after the Hillsborough Disaster collapsed after the judge said they had no case to answer.
Two retired South Yorkshire Police officers, ex-Chief Supt Donald Denton, 83, and ex-Det Chief Insp Alan Foster, 74, and former force lawyer Peter Metcalf, 71, had each denied two counts of perverting the course of justice after the tragedy.
The prosecution had alleged police officers’ statements were altered to “minimise the blame” and “mask failings” made by their bosses at 1989 FA Cup semi-final between Liverpool and Nottingham Forest, where a crush on the Leppings Lane terraces resulted in the deaths of 96 Liverpool fans.
But after hearing all the prosecution evidence over the past five weeks, the trial judge, Mr Justice William Davis, brought the case to a halt on Wednesday.
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In his ruling he concluded: “There is no case fit for the jury’s consideration on any count on the indictment.”
In a ruling handed down at the Nightingale court at the Lowry theatre in Salford he said the amended statements were intended for a public inquiry into safety at sports grounds led by Lord Justice Taylor, but that was not a course of public justice.
He told the jury the Taylor inquiry was “non-statutory”, adding “it was an administrative exercise, not a judicial exercise.”
In his ruling he said: “I repeat my observation about the anxiety and distress being felt by the families of those affected by the Hillsborough disaster.”
But he added: “However, whatever the anxiety and distress, I have to determine whether there is evidence to support the particular criminal offence with which these defendants have been charged.
“In concluding that there is not, that is all I do.”
The match commander on the day of the disaster, David Duckenfield, was charged with gross negligence manslaughter in 2017.
But he was cleared in 2019 at a retrial after the jury in his first trial was unable to reach a verdict.
In May 2019, former Sheffield Wednesday club secretary Graham Mackrell was fined £6,500 and ordered to pay £5,000 costs after he was convicted of failing to ensure the health and safety of fans arriving at the ground on the day of the disaster.
Speaking after the judge's ruling, Sue Hemming, CPS Director of Legal Services, said in a statement: "Words cannot describe the sheer devastation of the Hillsborough disaster and the impact on the family and friends of the 96 who died, and hundreds more who were injured.
"Previously the Taylor Inquiry, the Popper Inquest, the Stuart Smith Inquiry, a private prosecution, the Hillsborough Independent Panel process, a new inquest and two further criminal trials have all examined what happened at the Hillsborough Stadium on April 15, 1989.
"The appalling events of that day have also overshadowed the lives of the families and friends of all those who died. They live with their grief to this day.
"They have faced untrue allegations about the behaviour of Liverpool fans that they were complicit in causing those deaths.
"The true causes of the disaster have been examined in subsequent proceedings and fan behaviour was firmly eliminated as a cause.
"They were football fans simply attending a football game to support their team. Their loved ones were unlawfully killed through the negligence of others.
"Since 2013 we have worked closely with the Independent Office for Police Conduct (IOPC) to establish whether there was sufficient evidence to bring prosecutions against a number of individuals for offences committed before the day of the match, on the day of the match or in the aftermath.
"This is the first time that people have appeared in court for actions following the disaster.
"It has been a complex case looking at evidence from three decades ago and whether the defendants deliberately changed police statements in order to mislead future inquiries.
"It is crucial that we presented the evidence gathered by the IOPC investigation teams to a court and we have worked tirelessly to prepare the case for the jury to understand this evidence and any implications resulting from the amended statements.
"After long and incredibly careful consideration, especially for the families involved, we decided not to appeal the ruling.
"The CPS was right to bring this case and for a court to hear the evidence of what happened in the aftermath of the Hillsborough disaster.
"What has been heard here in this court will have been surprising to many.
"That a publicly funded authority can lawfully withhold information from a public inquiry charged with finding out why 96 people died at a football match, in order to ensure that it never happened again - or that a solicitor can advise such a withholding, without sanction of any sort, may be a matter which should be subject to scrutiny.
"Throughout, we have kept in regular contact with bereaved families and I fully appreciate how disappointing this outcome will be for them.
"As we have done at each stage of our work, we will meet with them again to answer any questions they may have."
