Oral Answers to Questions

Stephen Mosley Excerpts

Tuesday 10th February 2015 Commons Chamber

[The Attorney-General]

There is huge value always in looking at the way in which Government agencies do their business and in finding efficiencies and changes if it is beneficial to do so, but I think the Roskill model on which the Serious Fraud Office is based—that is, the combination of lawyers, investigators, prosecutors, accountants and the like, all in multidisciplinary teams—is a sensible model, and it is delivering effective results.

[Stephen Mosley (City of Chester) (Con)]

With the Serious Fraud Office doing some incredibly complex investigations into companies such as Barclays, Tesco and G4S, does my right hon. and learned Friend agree that there is a need for very close working between the Serious Fraud Office and other Government agencies, such as the NCA, the police and Her Majesty’s Revenue and Customs?

[The Attorney-General]

I agree with my hon. Friend. Close working is always important and the Serious Fraud Office tries to do that. I am sure the intergovernment review will find better ways of co-ordinating if there are better ways to be found.

Kevin Williams

Stephen Mosley Excerpts

Wednesday 22nd February 2012 Westminster Hall

[Stephen Mosley (City of Chester) (Con)]

This debate is on behalf of my constituent, Mrs Anne Williams, to help seek the truth about what happened to her 15-year-old son, Kevin, at the 1989 Hillsborough disaster. All that Mrs Williams asks for is the truth, and I hope that that message is given loud and clear to my right hon. and learned Friend the Attorney-General over the next 90 minutes.

I thank my right hon. and learned Friend for considering the issue. I understand that he has written recently to Mrs Williams to say that, upon application for a new inquest, he will consider all the evidence put before him and not restrict an application to new, unheard evidence. That is extremely welcome news, for which Mrs Williams, who is watching the debate from the Public Gallery, and I are grateful. Of course, I also thank the 118,000 people who signed Mrs Williams’s e-petition calling upon the Attorney-General to order a fresh inquest into Kevin’s death. Mrs Williams would like to thank everyone who has made the debate possible.

The focus of today’s debate is tightly drawn around the circumstances of Kevin’s death at Hillsborough, and my opening remarks are similarly narrowly focused, but it is important to recognise that the debate encompasses all those who so tragically lost their lives in the Hillsborough disaster. Both directly and indirectly, the evidence that I will present about Kevin’s death is significant for all whose lives were irreversibly changed that day.

From the outset, I make it clear that, contrary to the conclusions of the initial inquest into Kevin’s death, Kevin was alive long after 3.15 pm on Saturday 15 April 1989, and he did not die of traumatic asphyxia. The evidence is unequivocal. The testimonies are unmistakable. The original inquest into Kevin’s death was wrong.

All Members present today are familiar with the tragic events at Hillsborough on 15 April 1989. It is not my intention to recall in great detail the many accounts of what happened that day, nor do I intend to talk about the many failings that led to the disaster. This debate is not about pointing the finger of blame, it is about the truth of what happened to a 15-year-old boy.

Kevin arrived at Hillsborough football stadium early on 15 April, entering the ground at around 1.30 pm. Spotting some friends in pen 3, he and his friend Andrew left pen 4 at about quarter to 2. As the pens became more congested, Kevin, like many others, was forced to the ground. Kick-off came and, shortly after, the game was abandoned. According to coroner Dr Stefan Popper and, consequently, to the inquest into his death, Kevin was already dead at or before 3.15 pm. Yet video evidence shows Kevin being lifted out of pen 3 at 3.28 pm and being resuscitated on the pitch by Police Constable Michael Craighill.

PC Craighill then helped carry Kevin across the pitch on a makeshift stretcher, with off-duty fireman Mr Tony O’Keefe and other Liverpool fans including Mr Stevie Hart. Both Mr O’Keefe and Mr Hart are here with Mrs Williams today. The off-duty fire officer, Mr Tony O’Keefe, is on record as saying that Kevin was still alive at 3.31 when he was being carried across the pitch. Mr O’Keefe said:

“In my opinion, he was still alive. Taking this kid and many others across that pitch, you see signs of life in someone and think I’m going to get him to the right end of the ground and give him to someone else. I didn’t have any doubt that he would be dealt with when we put him down. We carried him on a piece of hoarding to the other end of the ground and I looked down, saw people taking over and I thought, yeah, he’s going to be okay.”

At 3.37 pm, Kevin was being resuscitated by off-duty police officer PC Derek Bruder, aided by Liverpool fan Johnny Prescott and a member of St John Ambulance; they found a pulse in Kevin. PC Bruder had seen Kevin moving his head and being sick, so he went over to help. He saw an ambulance enter the ground and tried to stop it so that Kevin could receive medical attention. The ambulance, however, did not stop. PC Bruder provided an official statement shortly after the disaster, along with a second statement four months later in which he identified himself on photographs taken at Hillsborough.

PC Bruder was visited at his home on 3 May 1990 by Detective Inspector Sawyers of the West Midlands police, to take a further statement to clarify certain medical issues made in PC Bruder’s first statement. During the visit, DI Sawyers rang the coroner’s office and handed the phone to PC Bruder. On the phone was the pathologist, Dr Slater, who explained that during the throes of death a body builds up gases that can cause it to wriggle slightly. So while PC Bruder understood that the purpose of the visit was to clarify certain medical details, what transpired was that the pathologist responsible for Kevin’s autopsy was in fact dictating to PC Bruder what he had seen.

The conversation at PC Bruder’s home continued, with DI Sawyers explaining how all the video footage of the tragedy had been studied by the inquiry team and how the ambulance to which PC Bruder referred in his first statement could not have been in the ground at that time because there was no supporting evidence. DI Sawyers then went on to ask whether PC Bruder could have been mistaken about the ambulance. PC Bruder responded to those statements at the Stuart-Smith scrutiny:

“This really annoyed me and I told him that I was not mistaken, nor did I imagine the ambulance, and I insisted that he made reference to it in the statement. I told the inspector that I would be available to give evidence at the inquest should I be required. I expected to give evidence at the inquest in order to clarify my position on the obvious grey areas which emerged. To my surprise, I was never called to give evidence in the case of Kevin Williams.”

Those words are the sworn testimony of a registered police constable, yet they have been categorically dismissed.

Following the visit, DI Sawyers said at Kevin’s inquest that PC Bruder was mistaken about the ambulance and that he must have seen the ambulance that is on record as exiting the ground at 3.20 pm. DI Sawyers said that PC Bruder was also mistaken about finding Kevin’s pulse and about seeing him be sick. The coroner concluded that if PC Bruder was mistaken about the ambulance, he must also have been mistaken about Kevin’s condition. However, contrary to DI Sawyers’s comments, video and photographic evidence has subsequently emerged, along with a statement from Mr Tony Edwards, the assistant driver of the ambulance, that confirms PC Bruder’s testimony that an ambulance did pass them at that point, at 3.37 pm. There are serious concerns about PC Bruder being persuaded on the phone by pathologist Dr Slater of what he actually saw that day, but the underlying fact is that PC Bruder was not mistaken about the ambulance, and that there was therefore no legitimate reason for his testimony to be dismissed.

At 3.40 pm, following PC Bruder’s intervention, Special Woman Police Constable Debra Martin found Kevin’s pulse and helped take him into the gym. Miss Martin was told to stay with Kevin and to carry out resuscitation, which she did. After conducting heart massage and resuscitation, Kevin’s ribs began to move and he stirred from unconsciousness. Thinking that she had revived Kevin, Miss Martin picked him up in her arms. Kevin opened his eyes and spoke the word “Mum” before he slumped back and died just before 4 pm. This, again, is the sworn statement of a registered special WPC, yet the events that I will now describe are quite unbelievable.

Miss Martin’s original statement, made within weeks of the disaster, described the events that I have just described. However, a few months after the disaster, Miss Martin was visited at her home by Detective Constable Appleton of the West Midlands police. The purpose of the visit was to seek her signature on a second, contradictory statement. Considerable pressure was put on Miss Martin to ratify the amended statement. In the end, she succumbed to the pressure, and signed the second statement without reading it. In the second statement, anything that referred to signs of life in Kevin was gone. There was no reference to a pulse, or to him saying, “Mum.” In total, Miss Martin was visited on four separate occasions by senior police officers whose aim was to convince her that her original statement was mistaken, and that Kevin was not alive when she treated him. Miss Martin has stated on numerous occasions that she stands by what was in her first statement, and that she was bullied by senior police officers to sign the second statement, which was wholly inaccurate.

This is what happened to Kevin at Hillsborough. At 3.28, he was pulled from pen 3, and resuscitated by a police constable. At 3.31, he was carried across the pitch by, among others, an off-duty fire officer, who swears that Kevin was still alive. At 3.37, he was resuscitated by an off-duty police officer, who testifies that Kevin was still alive. His statement was dismissed due to lack of evidence relating to the whereabouts of an ambulance. That has subsequently been proven to be an accurate account. Finally, at a few minutes before 4 pm, a special WPC found Kevin’s pulse, picked him up in her arms, and watched and listened as he opened his eyes and spoke the word “Mum”. Those are the facts of that day, plain and simple. Kevin was alive well after 3.15 pm on 15 April 1989.

As a result of the ruling of the coroner, Dr Stefan Popper, that all the victims were either dead, or brain dead by 3.5 pm, the inquest into Kevin’s death was dealt with as such. I have dealt with key parts of the evidence that show that Kevin was unquestionably alive after 3.15 pm, and I turn my attention to the cause of Kevin’s death, which is as contentious as the timing. At the inquest, Dr. Slater, the pathologist who conducted Kevin’s autopsy, concluded that he had died of traumatic asphyxia. Mrs Williams told me recently that although the 3.15 cut-off point has caused great anger and distress to her and many other families who seek justice for their loved ones, her main reason for wanting a new inquest is that Kevin did not die of traumatic asphyxia. Since the inquest, Mrs Williams has obtained several expert evaluations of Kevin’s autopsy report. Without exception, they all disagreed with Dr Slater’s findings.

The first evaluation was courtesy of Dr James Burns, forensic scientist at the Royal Liverpool hospital. Dr Burns spent a considerable time with Mrs Williams re-evaluating the autopsy report with the evidence obtained from PC Bruder and Special WPC Martin. Dr Burns concluded that the fractures that Kevin had suffered in his neck would have caused swelling around the windpipe. The swelling would have resulted in the gradual closing of his airway, which would have taken at least three quarters of an hour to happen. Dr Burns produced a report for Mrs Williams, which contradicted much of what Dr Slater had reported. Of further interest was his letter to Mrs Williams, in relation to the evidence of WPC Debra Martin. He wrote:

“It strikes me that Special WPC. Martin has been the victim of unjustifiable adverse criticism amounting almost to ridicule. I am amazed that the evidence of Miss Martin, a dental nurse, by training, and a special police constable of five years standing, is treated with such incredulity, amounting almost to hostility. I see no reason to doubt the evidence of Miss Martin when she states that she picked Kevin up in her arms, that Kevin opened his eyes, moved his mouth and said “Mom”.

The second noteworthy evaluation was that conducted by the late Dr Iain West, a former consultant forensic pathologist at London’s Guy’s Hospital. Following assessment of Kevin’s autopsy photographs, Dr West stated:

“They do not indicate the classic signs of Traumatic Asphyxia.”

Like Dr Burns, Dr West fundamentally disagreed with the official autopsy report, believing that Kevin’s injuries would not have led to unconsciousness within a few seconds, and that if medically trained professionals had been present, an emergency tracheotomy or cricothyroidotomy would have relieved Kevin from suffering the fatal asphyxia that led to his death.

Some hon. Members may not be aware that traumatic asphyxia usually results from an individual being crushed or pinned under a large weight or force. The cause of death resulting from traumatic asphyxia is related not just to the impairment of respiration but, importantly, to physical interference with the return of blood from the upper part of the body to the heart. That results in swelling and haemorrhaging in the upper part of the body, most notably the face. Dr West did not believe that Kevin’s body displayed such symptoms, and concluded in his report:

“This mechanism, (of death by traumatic asphyxia) leads to quite unmistakable pathological findings which differ from those seen in Kevin Williams’ body.”

Dr West explained to Mrs Williams that if Kevin had died of traumatic asphyxia, and had Kevin looked the way that Dr Slater described at the inquest, she would not have been able to recognise him, but she was able to do so.

I should stress that Dr West was an extremely distinguished and respected pathologist. His cases included the shooting of WPC Yvonne Fletcher, the Brighton bombing of the Conservative party conference, the second autopsy on Robert Maxwell, and the death of Joy Gardner, the deportee who died in a police struggle. Very simply, Dr West concluded that Kevin did not have any of the injuries to his chest that would have been a necessity if he had died from traumatic asphyxia. The only injuries that he sustained were to his neck.

In 2006, Mrs Williams sought the expertise of Dr Nathaniel Carey, a similarly distinguished pathologist and successor to Dr West as consultant forensic pathologist at London’s Guy’s Hospital. Dr Carey concurred with Dr West’s examination, concluding that the simple administration of oxygen through the insertion of a rubber tube down the windpipe would have saved Kevin. Had medical personnel been present, that would have been a routine procedure.

Mrs Williams has had three previous requests for a new inquest into her son’s death refused by the Attorney-General’s office, and she has been refused an inquest by the European Court of Human Rights due to timing technicalities. In light of the compelling evidence, it is simply remarkable that her requests have been refused. Why is it that what clearly happened after 3.15 that day has not been fully investigated? Why were two police officers pressured into changing their witness statements? Why has the opinion of three expert pathologists been collectively ignored? Why has Mrs Williams never been granted a new inquest into Kevin’s death when the evidence is so compelling?

An inquest into a death is a fact-finding inquiry to establish reliable answers to four important factual questions. The first relates to the identity of the deceased, the second to the place of death, the third to the time of death, and the fourth to how the deceased came by their death. Those are statutory requirements, yet the inquest into Kevin’s death has clearly failed factually and reliably to answer two of those four statutory questions. I hope that I have made that clear to my right hon. and learned Friend the Attorney-General. Kevin was not dead by 3.15 pm on Saturday 15 April 1989, and he did not die of traumatic asphyxia.

It has been suggested that one key consideration for not previously granting Mrs Williams a new inquest is the wider interests of all concerned, notably that witnesses would be required to cast their minds back to events that many have tried to put behind them. However, I can confirm to my right hon. and learned Friend that, of the individual witnesses mentioned in my remarks, Miss Debra Martin, Mr Derek Bruder, Mr Johnny Prescott, Mr Stevie Hart and Mr Tony O’Keefe have all said very recently that they would be happy to give evidence should a new inquest be granted. I thought it appropriate to put that firmly on the record.

As Members of Parliament, it is our duty to represent our constituents, and to fight for what is fair, just and true. I stand here today because Mrs Williams has not been treated fairly. Justice, thus far, has not been served. The truth that Mrs Williams has campaigned so tirelessly to discover has yet to be officially recorded. Following publication of documents by the Hillsborough independent panel this summer, Mrs Williams will again submit to the Attorney-General a request for the original inquest into Kevin’s death to be quashed, and for a new inquest to take place. For the sake of justice, I beg the Attorney-General to grant Mrs Williams the inquest that she, and Kevin, so rightly deserve.

[Mrs Anne Main (in the Chair)]

Nine hon. Members have indicated that they wish to speak, and there are approximately 50 minutes remaining for the debate. I hope that hon. Members will bear that in mind when making their contributions.