Hillsborough Trial - Verdicts

[TheReligion]

Jury could not reach a verdict regarding attributing blame to match police commander David Duckinfield however former Sheffield Wednesday club secretary Graham Mackerell guilty of offences under the Health and Safety at Work Act.

BBC News - Hillsborough trial: No verdict over David Duckenfield
https://www.bbc.co.uk/news/uk-england-merseyside-47800960

 

[SharpshooterTom]

How likely is there to be a retrial?

 

[Xaviesta]

The CPS has called for a retrial of Duckenfield.

 

[Xaviesta]

If there's a retrial, how likely is it that a different verdict will be reached? This inquest is the 1st time i believe where all evidence is on the table so to speak.

 

[TheReligion]

How likely is there to be a retrial?

So the jury has been discharged as they could not reach a unanimous or majority verdict either way. As such there is no double jeopardy rule so the defendant can be subjected to a re-trial. This is because they have not been found guilty or not guilty.

The CPS state they will look at re-trial.

 

[TheReligion]

If there's a retrial, how likely is it that a different verdict will be reached? This inquest is the 1st time i believe where all evidence is on the table so to speak.

Difficult to say. There's going to be no new evidence to present it's just a matter of placing the case before a new jury and seeing if they are able to reach a verdict.

 

[SharpshooterTom]

If there is retrial wouldn't this be the 3rd time Duckenfield is put in the dock?

The jury failed to reach a verdict back in 2000 when it went through a private prosecution?

 

[SharpshooterTom]

The CPS state they will look at re-trial.

If the CPS ask for a retrial will they be automatically granted it? Can they be refused?

 

[TheReligion]

If the CPS ask for a retrial will they be automatically granted it? Can they be refused?

They will base it on a few things;

1) public interest
2) the fact no verdict has been reached
3) new evidence

So in this instance the public interest is massive and no verdict has been reached either way. There will be no new evidence but a re-trial to get a decision would certainly be worth it. They will also look at why no decision could be reached and a few other bits I think.

If two jury's fail to reach a decision then it's very very unlikely a third would take place. Would have to be exceptional circumstances.

 

[mitchmouse]

If there is retrial wouldn't this be the 3rd time Duckenfield is put in the dock?

The jury failed to reach a verdict back in 2000 when it went through a private prosecution?

the private prosecution "doesn't count" as far as the CPS is concerned.

 

[mitchmouse]

If the CPS ask for a retrial will they be automatically granted it? Can they be refused?

NO they cannot be refused

 

[mitchmouse]

Can I just warn people on here (not that it has happened yet): if they get a retrial be very careful what you say as the case becomes sub judice again and you could (unlikely obviously) be in contempt of court so you shouldn't presume guilt or say thins like the "court got it wrong/right"

 

[Mb194dc]

Not surprised. Be interested to see what happens at the retrial. If it actually goes ahead.

 

[Xaviesta]

I do wonder what will happen if there's a retrial and Duckenfield is found not guilty.

 

[Xaviesta]

David Duckenfield will face a retrial on October 7.

https://www.bbc.com/news/uk-england-merseyside-48756722

 

[Adisa]

Bet his lawyer argues that it's impossible for him to get a fair trial.

 

[Casanova85]

Perhaps a stupid question, but any chance this might end up in an international court?

 

[westmeath]

Shouldn’t the thread be locked now it’s gone for retrial?

 

[Cockney Phil]

The Police commander was just found ‘not guilty’ by the Preston court.