Hillsborough Disaster - Stuart-Smith Scrutiny

Stuart-Smith Scrutiny

In May 1997, when the Labour Party came into office, Home Secretary Jack Straw ordered an investigation. It was performed by Lord Justice Stuart-Smith. The appointment of Stuart-Smith was not without controversy. At a meeting in Liverpool with relatives of those involved in Hillsborough in October 1997, he flippantly remarked "Have you got a few of your people or are they like the Liverpool fans, turn up at the last minute?" He apologised for his remark saying it was not intended to "offend". The terms of reference of his inquiry were limited to "new evidence", that is "...evidence which was not available or was not presented to the previous inquires, courts or authorities." Therefore evidence such as witness statements which had been altered were classed as inadmissible. When he presented his report in February 1998, he concluded that there was insufficient evidence for a new inquiry into the disaster. In paragraph 5 of his summary he said:

I have come to the clear conclusion that there is no basis upon which there should be a further Judicial Inquiry or a reopening of Lord Taylor's Inquiry. There is no basis for a renewed application to the Divisional Court or for the Attorney General to exercise his powers under the Coroners Act 1988. I do not consider that there is any material which should be put before the Director of Public Prosecutions or the Police Complaints Authority which might cause them to reconsider the decisions they have already taken. Nor do I consider that there is any justification for setting up any further inquiry into the performance of the emergency and hospital services. I have considered the circumstances in which alterations were made to some of the self-written statements of South Yorkshire Police officers, but I do not consider that there is any occasion for any further investigation.

Importantly Stuart-Smith's report supported the coroner's assertion that evidence after 3.15pm was inadmissible as "that by 3.15 pm the principal cause of death, that is, the crushing, was over." This was controversial as the subsequent response of the police and emergency services would not be scrutinised. Announcing the report to the House of Commons, Home Secretary Jack Straw backed Stuart-Smith's findings and said that "I do not believe that a further inquiry could or would uncover significant new evidence or provide any relief for the distress of those who have been bereaved."