This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.bbc.co.uk/news/uk-scotland-glasgow-west-34000965
The article has changed 5 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| Glasgow bin lorry crash: Driver Harry Clarke takes the stand | Glasgow bin lorry crash: Driver Harry Clarke takes the stand |
| (34 minutes later) | |
| The driver of a bin lorry which killed six people in Glasgow has refused to answer a series of questions at the fatal accident inquiry into the crash. | The driver of a bin lorry which killed six people in Glasgow has refused to answer a series of questions at the fatal accident inquiry into the crash. |
| Harry Clarke, 58, began giving evidence after a motion by his lawyer to have the inquiry halted was rejected. | Harry Clarke, 58, began giving evidence after a motion by his lawyer to have the inquiry halted was rejected. |
| However, he has been told that he is not obliged to answer certain questions as he may face a private prosecution from families of two of the victims. | However, he has been told that he is not obliged to answer certain questions as he may face a private prosecution from families of two of the victims. |
| Several family members walked out of court at the start of his evidence. | Several family members walked out of court at the start of his evidence. |
| Sheriff John Becket rejected a motion from Mr Clarke's lawyer to have the fatal accident inquiry (FAI) halted, saying it was in the "substantial public interest" for proceedings to continue. | |
| After being warned by Sheriff Becket that he did not have to answer incriminating questions, Mr Clarke acknowledged that he understood. | |
| He then confirmed his name, age and occupation to Solicitor General Lesley Thomson, who is leading the FAI for the Crown. | |
| Ms Thomson then asked the witness what age he was when he became a professional driver. | |
| Mr Clarke replied: "I don't wish to answer that." | |
| He gave the same reply to three more questions before confirming that he left school when he was aged 15. | |
| The Solicitor General then asked: "Do you know that six people died on 22 December 2014?" | |
| Again, Mr Clarke replied: "I don't wish to answer that." | |
| When Ms Thomson asked him if he knew details about the six victims, Mr Clarke replied "no". | |
| The Solicitor General then asked: "Do you understand that by not answering you are putting yourself first?" | |
| Mr Clarke replied: "I wouldn't agree with that." | |
| When Ms Thomson attempted to ask Mr Clarke questions about his medical history, the witness replied: "I don't wish to answer any more questions." | |
| Medical evidence | |
| The inquiry 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 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. |
| It 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. | It 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. |
| The Crown Office in Scotland has already decided that Mr Clarke should not be prosecuted as the crash was a "tragic accident". | |
| Two families have indicated, however, that they intend to pursue a private prosecution against Mr Clarke for dangerous driving based on the assertion that he knew he was unfit to be behind the wheel of a lorry. | |
| The inquiry continues. | |
| Analysis by Reevel Alderson, BBC Scotland home affairs correspondent | 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. | 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. | 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". | 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. | 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 | Read more from Reevel |