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Glasgow bin lorry crash: victim's family seek private prosecution of driver Glasgow bin lorry crash: victim's family seek private prosecution of driver
(35 minutes later)
The family of one of the victims of the Glasgow bin lorry crash have asked for a three-month adjournment to the fatal accident inquiry (FAI) so they can seek a private prosecution of the driver, Harry Clarke. The family of one of the victims of the Glasgow bin lorry crash have asked for a three-month adjournment to the fatal accident inquiry so they can seek a private prosecution of the driver, Harry Clarke.
Lawyers acting for relatives of Jacqueline Morton, one of six people killed after Clarke lost consciousness at the wheel last December, told Glasgow sheriff court they wanted to pursue the private case after the Crown Office said it would not prosecute him for allegedly failing to disclose his medical history.Lawyers acting for relatives of Jacqueline Morton, one of six people killed after Clarke lost consciousness at the wheel last December, told Glasgow sheriff court they wanted to pursue the private case after the Crown Office said it would not prosecute him for allegedly failing to disclose his medical history.
Clarke, 58, was due to give evidence to the inquiry this week, but could refuse to answer vital questions about his alleged failure to tell medical examiners and his employers about his previous blackouts if he fears his testimony could be used later in a private prosecution.Clarke, 58, was due to give evidence to the inquiry this week, but could refuse to answer vital questions about his alleged failure to tell medical examiners and his employers about his previous blackouts if he fears his testimony could be used later in a private prosecution.
Sheriff John Beckett, who is conducting the inquiry, delayed giving a decision on the Morton family’s motion until Thursday until all other witnesses had been heard, warning that it had “profound implications” for the case. Sheriff John Beckett, who is conducting the inquiry, delayed giving a decision on the Morton family’s motion until Thursday until all other witnesses had been heard, saying that it had profound implications for the case.
The inquiry, now in its fifth week, has heard that Clarke had a history of dizzy spells and fainting, including one incident at the wheel of a bus that he failed to disclose to the DVLA and on job application forms.The inquiry, now in its fifth week, has heard that Clarke had a history of dizzy spells and fainting, including one incident at the wheel of a bus that he failed to disclose to the DVLA and on job application forms.
Ronnie Clancy, QC, acting for Clarke, said his client supported the request for an adjournment because he wanted to answer all the questions put to him. He also said, however, that Clarke had the right to “privilege against self-incrimination”. Ronnie Clancy QC, acting for Clarke, said his client supported the request for an adjournment because he wanted to answer all the questions put to him. He also said, however, that Clarke had the right to “privilege against self-incrimination”.
“If there is a possibility that he will be prosecuted as a result of his involvement in this tragedy … then he is entitled to the protection of section 5 [of Scotland’s FAI legislation] just as any other witness would be.” “If there is a possibility that he will be prosecuted as a result of his involvement in this tragedy … then he is entitled to the protection of section 5 [of Scotland’s fatal accident inquiry legislation] just as any other witness would be.”
The motion led to an intense legal debate and a split among the victims’ families in court on Monday, with lawyers for Stephenie Tait’s family and the solicitor general, Lesley Thomson, opposing the move. Gillian Ewing’s family said they supported the private prosecution proposal.The motion led to an intense legal debate and a split among the victims’ families in court on Monday, with lawyers for Stephenie Tait’s family and the solicitor general, Lesley Thomson, opposing the move. Gillian Ewing’s family said they supported the private prosecution proposal.
Thomson has already told the hearing the chances of a private prosecution being granted are extremely slim. They are a “rare and exceptional beast” in Scotland, she told the court, which has already heard that only two were heard in the past century. Thomson has already told the hearing that the chances of a private prosecution being granted were extremely slim. They were a “rare and exceptional beast” in Scotland, she told the court, which has already heard that only two had been heard in the past century.
Dorothy Bain, QC, acting for the Mortons, said it was deeply regrettable that an adjournment was necessary, but said the family needed to be certain whether a private prosecution would be allowed before Clarke gave evidence to the inquiry. They also needed to raise the funds for the case. Dorothy Bain QC, acting for the Mortons, said it was deeply regrettable that an adjournment was necessary, but said the family needed to be certain whether a private prosecution would be allowed before Clarke gave evidence to the inquiry. They also needed to raise the funds for the case.
She told the court the family would be deeply frustrated if Clarke refused to give evidence this week because there was an unresolved threat of future legal action, only for the Mortons’ private prosecution to fail after the inquiry, leaving key questions about Clarke’s conduct unanswered. She told the court that the family would be deeply frustrated if Clarke refused to give evidence this week because there was an unresolved threat of future legal action, only for the Mortons’ private prosecution to fail after the inquiry, leaving key questions about Clarke’s conduct unanswered.