Former Sheffield Wednesday club secretary Graham Mackrell has been fined £6,500 at Preston Crown Court for a health and safety offence related to turnstile arrangements on the day of the Hillsborough disaster.
Mackrell, 69, was convicted of failing to discharge his duty under the Health and Safety at Work Act, by a majority of 10 to two, following an 11 week trial, which concluded in April.
He became the first person to be convicted in relation to the tragedy at the FA Cup semi-final between Liverpool and Nottingham Forest on April 15 1989.
Judge Sir Peter Openshaw, who presided over the trial, told the court before sentencing that if Mackrell had been sentenced according to today’s laws, the maximum penalty he would have faced would have been two years imprisonment.
However, his sentencing options were limited to those available in 1989 which were to give a fine.
Mackrell’s defence team told the court he would be turning 70 in October, and was reaching the age when he would begin a wind down of his work activity, and how he had modest savings of £5,000.
During his sentencing of Mackrell, Judge Openshaw said: “He should have realised there was an obvious risk that so many spectators could not pass through seven turnstiles in time for kick-off.”
But he said offence did not directly cause the disaster inside the ground that resulted in the deaths of 96 spectators and injury to many more.
He added: “The disaster and its aftermath has had a serious and lasting effect on him and his family.”
In a statement Mackrell said he was “grateful” for the judge’s understanding of the offence.
But he added: “I do wish to take this opportunity to make clear my sympathy to all those impacted by this appalling tragedy.
“No one should have to go through what the families have experienced.“
The jury of six men and six women came back with their decision on April 3 after deliberating for eight days.
The jury had decided Mackrell failed to take care as safety officer particularly in respect of ensuring turnstiles were of such number to admit fans at a rate where there were no unduly large crowds waiting for admission.
Mackrell, who was safety officer for the club at the time of the 1989 FA Cup semi-final, was found guilty of failing to take reasonable care to ensure enough turnstiles were open to prevent large crowds building up outside the stadium.
The trial was told there were seven turnstiles for the 10,100 Liverpool fans with standing tickets for the match.
During the trial, stadium safety expert John Cutlack told the court there were not sufficient turnstiles for fans on the day.
But Jason Beer QC, defending Mackrell, argued the build-up outside was caused by other factors, including a lack of police cordons and the unusual arrival pattern of fans.
Mackrell stood trial alongside match commander David Duckenfield but, after deliberating for 29 hours and six minutes, the jury failed to reach a verdict on whether the former chief superintendent was guilty of the gross negligence manslaughter of 95 of the victims.
Ninety-six men, women and children died in the fatal crush on the Leppings Lane terrace at the match between Liverpool and Nottingham Forest.
The officer in charge of the criminal investigation into Hillsborough, Rob Beckley, said after the sentencing that Mackrell’s actions did not cause the deaths “but contributed to a dangerous situation”.
What was the Hillsborough disaster?
The Hillsborough disaster took place at the FA Cup semi-final between Liverpool and Nottingham Forest on Saturday, April 15 1989.
The incident was a fatal human crush at the match held at the Hillsborough Stadium in Sheffield. With 96 deaths and 766 injuries, it remains the worst disaster in British sporting history.
The match was sold out so more than 53,000 fans from the two football sides headed to Hillsborough for the 3pm kickoff.
The crush happened in the two standing-only central pens in the Leppings Lane stand allocated to Liverpool supporters.
The Hillsborough disaster claimed the lives of 96 Liverpool fans.
Who is Graham Mackrell?
Graham Mackrell, 69, was the Sheffield Wednesday club secretary at the time of the 1989 semi-final between Liverpool and Nottingham Forest. As part of that role he was safety officer for the club.
What was Mackrell charged with?
Mackrell was charged with failure to discharge a duty under the Health and Safety at Work Act 1974.
What were the allegations against him at trial?
The prosecution alleged Mackrell failed to take reasonable care as safety officer in respect of arrangements for admission to the stadium, particularly in respect of the turnstiles being of such numbers to admit spectators at a rate where no unduly large crowds would be waiting for admission.
The court was told there were seven turnstiles for the 10,100 Liverpool supporters with standing tickets.