Hillsborough trial: Authorities had 'minimal disclosure culture'

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Alan Foster, Donald Denton and Peter MetcalfImage source, PA Media
Image caption,

Alan Foster, Donald Denton and Peter Metcalf each deny perverting the course of justice

Police had no legal duty to provide the "warts and all" truth to a public inquiry into the Hillsborough disaster, a legal expert has told a court.

Sir Robert Francis QC told the trial of three men accused of amending statements that if they remained truthful, authorities at the time had a culture of "minimal disclosure".

He said as long as they were truthful, they could choose what was shared.

Ninety-six Liverpool fans died as a result of the 1989 stadium crush.

Retired Ch Supt Donald Denton, 83, retired Det Ch Insp Alan Foster, 74, and a former solicitor who represented South Yorkshire Police (SYP), Peter Metcalf, 71, are accused of amending police statements to minimise the blame on the force in the aftermath of the disaster at the FA Cup semi-final match at Sheffield Wednesday's ground.

Image caption,

Ninety-six Liverpool fans died as a result of the disaster on 15 April 1989.

The Nightingale Court at the Lowry Theatre in Salford has heard the statements were sent to West Midlands Police for a public inquiry into safety at sports grounds led by Lord Justice Taylor, which issued its findings in 1990.

Asked about practice at the time, Sir Robert, who has chaired a number of public inquiries, said that "frankly, there was a culture of what I would describe as minimal disclosure".

Sir Robert, who was called by Mr Metcalf's lawyers to give evidence, said he was not aware of a duty of candour for lawyers appearing at public inquiries, adding it was "the job of the lawyer to do their best for the client".

"I don't recall there being any professional duty on someone like a chief constable... or for individual officers to be candid in the sense of producing everything, warts and all," he said.

He added that it was "not unlawful to chose what to volunteer to a public inquiry, as long as it is not misleading".

Mr Denton, of Sheffield, Mr Foster, of Harrogate, and Mr Metcalf, of Ilkley, each deny two counts of perverting the course of justice.

The trial continues.

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