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| Glasgow bin lorry crash: Inquiry delay bid dropped | Glasgow bin lorry crash: Inquiry delay bid dropped |
| (35 minutes later) | |
| 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. | 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 six victims had sought an adjournment to pursue a private prosecution of Harry Clarke. | Relatives of two of the six victims had sought an adjournment to pursue a private prosecution of Harry Clarke. |
| They still intend to seek a prosecution for dangerous driving but want the inquiry to proceed to its conclusion. | They still intend to seek a prosecution for dangerous driving but want the inquiry to proceed to its conclusion. |
| Mr Clarke will now be advised he does not need to answer questions which may incriminate him. | Mr Clarke will now be advised he does not need to answer questions which may incriminate him. |
| 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 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 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. | 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. |
| 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. | 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. |
| Analysis by Reevel Alderson, BBC Scotland home affairs correspondent | |
| Normally in Scotland prosecutions are brought by the Lord Advocate, who heads the Crown Office, although some public bodies such as local authorities can bring private prosecutions under statutory law. As an example, this could be against a parent failing to send their child to school. | |
| Non-statutory private prosecutions are extremely unusual, with only two in the 20th Century. | |
| At the Glasgow bin lorry FAI, the Solicitor General Lesley Thomson QC, Scotland's second most senior law officer, described a private prosecution as "a rare and exceptional beast". | |
| To proceed, an individual must request the concurrence (agreement) of the Lord Advocate for a "Bill of Criminal Letters". This procedure at the High Court is effectively an application to the Lord Advocate to support the move - and in most cases he will already have made a decision not to prosecute. | |
| Read more from Reevel | |
| The Crown Office in Scotland has already decided that Mr Clarke should not be prosecuted as the crash was a "tragic accident". | 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. | 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. | 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. | 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." | 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 | 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. | 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' | 'Dangerous driving' |
| Ms Bain then told the court the scope of a private prosecution may focus on 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. | 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". | 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. | 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. | 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. | 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. | 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. | 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. | The inquiry continues. |