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Glasgow bin lorry crash: Inquiry delay bid dropped Glasgow bin lorry crash: Inquiry delay bid dropped
(35 minutes later)
A motion to adjourn the Glasgow bin lorry crash inquiry ahead of the driver giving evidence has been dropped. The driver of a bin lorry which crashed in Glasgow killing six people is set to give evidence to an inquiry after a motion to halt proceedings was dropped.
Relatives of two of the victims had sought an adjournment because they planned to seek a private prosecution against Harry Clarke. Relatives of two of the six victims had sought an adjournment to pursue a private prosecution of Harry Clarke.
Their lawyers have now dropped the motion, but said they still wanted to bring a private prosecution. They still intend to seek a prosecution for dangerous driving but want the inquiry to proceed to its conclusion.
Mr Clarke's lawyer said he had not yet had time to discuss the latest development with his client. Mr Clarke will now be advised he does not need to answer questions which may incriminate him.
Mr Clarke had been expected to give evidence on Thursday. He is likely to be advised not to answer some or all of the questions put to him so as not to prejudice himself ahead of any future criminal trial. The fatal accident inquiry (FAI), now in its fifth week at Glasgow Sheriff Court, has heard that Mr Clarke was unconscious at the wheel of the council bin lorry when it veered out of control on 22 December last year, killing six people and injuring 15 others.
The Crown Office has already said it will not bring any charges against Mr Clarke. The inquiry has also heard that Mr Clarke had a history of dizzy spells and fainting which he had not disclosed to the Driver and Vehicle Licensing Agency (DVLA) or on job application forms and health assessments for Glasgow City Council.
Six people died when the bin lorry driven by Mr Clarke went out of control in the centre of Glasgow on 22 December last year. Previous blackout
This included a blackout at the wheel of a stationary bus in April 2010, when Mr Clarke was employed as a driver by First Bus.
The Crown Office in Scotland has already decided that Mr Clarke should not be prosecuted as the crash was a "tragic accident".
But some relatives of those who died have been critical of this and have signalled their intention to pursue a private prosecution.
They had sought a three-month adjournment while proceedings could be raised.
On Wednesday, Dorothy Bain QC, representing the bereaved Morton family, told the inquiry that they had withdrawn the motion to have the inquiry adjourned but would still pursue a private prosecution.
Ms Bain said: "May I say that the family are finding these proceedings stressful and most worrying and having regard to further discussions and understanding the other families positions, the Morton family are now not insisting on this motion."
Following the development, Sheriff John Becket, who is hearing the inquiry, said he needed to know what crime or offences were under contemplation in any private prosecution
He has previously said that he would need to warn Mr Clarke, before he gave evidence, that he did not have to answer any question which may show him to be guilty of an offence.
'Dangerous driving'
Ms Bain then told the court the scope of a private prosecution may focus on dangerous driving.
The QC said that evidence to the FAI had demonstrated that Mr Clarke knew he would be unfit to drive if he gave correct answers on medical forms.
She said that driving while unfit to do so, because of a medical condition, was "dangerous driving".
Sheriff Beckett then told the inquiry that if a private prosecution relied on evidence of Mr Clarke's medical history then he could not be asked about it while giving evidence.
Mr Clarke is the only witness remaining to give evidence to the inquiry.
His solicitor Paul Reid said he had not had the opportunity to consult with his client or take his instructions on the latest development.
The lawyer asked the inquiry for time to do so on Thursday.
Solicitor General Lesley Thomson, who is leading the inquiry, said she believed that Mr Clarke would not have to give much information beyond his name because of pending prosecution.
The inquiry continues.