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Duckenfield's charges:Indictment read to court
The indictment is now being read to the jury. This is the charge read to them in relation to Duckenfield
DAVID GODFREY DUCKENFIELD between the 15th day of April 1989 and the 18th day of April 1989,
He unlawfully killed by gross negligence the 95 persons named in the appendix to this count in that:-
i. As Match Commander he owed a duty to take reasonable care for the safety of those attending the Hillsborough Stadium as spectators in respect of the serious and obvious risk of death arising from overcrowding and consequent crushing.
ii. In breach of that duty of care, he failed to take reasonable care:
a. to identify particular potential confining points and hazards to the safe entry of approximately 24,000 spectators arriving from the Leppings Lane area of Hillsborough into the designated sections of the stadium;
b. to sufficiently monitor and assess the number and situation of spectators yet to enter within the stadium from the Leppings Lane area of Hillsborough;
c. in good time, to take action to relieve crowding pressures on and from spectators seeking entry to the stadium from the Leppings Lane area of Hillsborough;
d. to sufficiently monitor and assess the number and situation of spectators in pens three and four;
e. in good time, to prevent crushing to persons in pens three and four by the flow of spectators through the central tunnel.
iii. That breach of duty amounted to gross negligence.
iv. That negligence was a substantial cause of the death of the 95 persons named in the appendix to this Count.
Mackrell indictment read to jurorsThe two charges Mackrell faces are now read to courtCount OneCONTRAVENING A TERM OR CONDITION OF A SAFETY CERTIFICATE, contrary to section12(1)(d) of the Safety of Sports Grounds Act 1975 and by virtue of section 12(7) of the said Act.
PARTICULARS OF OFFENCEGRAHAM HENRY MACKRELL on the 15th day of April 1989, being the company secretary and a senior manager of Sheffield Wednesday Plc, consented to or connived at the company’s offence, namely the contravention of Condition 6(1) of Schedule 2, General Terms and Conditions, of the Safety Certificate in respect of Hillsborough Stadium, in that being the Holder of the Safety Certificate it failed to agree, prior to the F.A. Cup semi-final football match of the 15th day of April 1989, with the Chief Constable, or the Police Officer having charge of the Stadium on the occasion of the said football match, the methods of admission to be employed in connection with the said football match, in particular, the arrangements of and number of turnstiles to be used for admission into the west stand terraces and north-west terraces; or the commission of the said offence by the company was attributable to neglect on his part.
Count TwoFAILURE TO DISCHARGE A DUTY UNDER SECTION 7(a) OF THE HEALTH AND SAFETYAT WORK ETC. ACT 1974, contrary to section 33(1)(a) of the Health and Safety at Work etc. Act 1974.
PARTICULARS OF OFFENCEGRAHAM HENRY MACKRELL between the 19th day of March 1989 and the 16th day of April 1989, being an employee at work within the meaning of the Health and Safety at Work etc. Act 1974, failed to take reasonable care for the health and safety of other persons who may have been affected by his acts or omissions at work, in that, firstly, he:
i. Failed to take reasonable care as the safety officer in respect of arrangements for admission to the Hillsborough Stadium and particularly in respect of turnstiles being of such numbers as to admit at a rate whereby no unduly large crowds would be waiting for admission;
ii. Failed to take reasonable care as the safety officer in respect of the drawing up of contingency plans, in particular, for coping with exceptionally large numbers of spectators arriving at the ground and to deal with situations where the available entrances at the ground have proved insufficient to stop unduly large crowds from gathering outside.