The IOPC also recorded and investigated several conduct matters relating to SYP’s collection of evidence. These focused on the actions of senior officers involved, including Ch Supt Denton and DCI Foster, but also CC Wright, DCC Hayes, ACC Anderson, Ch Supt Wain, Ch Insp Beal and DI Jones. The main allegations related to the officers either overseeing, or being directly involved in, a process to amend accounts, removing factual information which would have been of significance to the Taylor Inquiry. In some cases, officers were also alleged to have pressured colleagues to amend their accounts.
Having reviewed the evidence in the conduct report, the IOPC’s opinion was that DCI Foster would have had a case to answer for gross misconduct, in relation to the allegation that he directly or indirectly brought undue pressure to bear upon those SYP officers who refused to make changes to their original accounts.
However, none of the officers would have had a case to answer for misconduct in relation to the amendment of accounts.
Though the evidence clearly showed there was a deliberate and concerted effort to amend the accounts—and that officers up to CC Wright were aware that amendments were being made—there was not (and still is no) duty of candour that applied to non-statutory public inquiries, such as the Taylor Inquiry. This meant that, as long as they did not mislead the Taylor Inquiry, there was no obligation for police officers, or any other party, to disclose information which might undermine the version of events they had portrayed or wished to portray, unless they were specifically asked for it.
In simple terms, officers and, by extension, the force were legally entitled to present their best case within these parameters.
However, it could also be suggested that there was a greater public interest in enabling the Taylor Inquiry to thoroughly examine all the causes of the disaster. By amending accounts, as part of presenting its best case, SYP did not act in that public interest.
This is one of the reasons the IOPC welcomes the introduction of a new, stronger statutory duty of candour for all public officials, including the police, as set out in the Public Office (Accountability) Bill.
