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Glasgow bin lorry crash: Driver Harry Clarke refuses to answer questions Glasgow bin lorry inquiry: Driver Harry Clarke recalls crash
(about 4 hours 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 told a fatal accident inquiry (FAI) that he does not know what happened to him.
Harry Clarke, 58, began giving evidence after a motion by his lawyer to have the inquiry halted was rejected. Harry Clarke, 58, said he saw Christmas lights on 22 December last year then, "like a light switch", blacked out.
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. He said he came round after the crash and remembers a colleague shouting "wake up".
Several family members walked out of court at the start of his evidence. Mr Clarke has refused to answer some questions as he may face a private prosecution from bereaved relatives.
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. The driver took to the witness box at Glasgow Sheriff Court after his lawyer unsuccessfully tried to have the inquiry halted until the issue of the private prosecution was resolved.
'Public interest'
Sheriff John Becket rejected the motion, saying it was in the "substantial public interest" for proceedings to continue.
Several family members of those who died in the tragedy walked out of court as Mr Clarke entered the witness box.
After being warned by Sheriff Becket that he did not have to answer incriminating questions, Mr Clarke acknowledged that he understood.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. Over the next few hours, he exercised his legal right not to answer many questions put to him.
Ms Thomson then asked the witness what age he was when he became a professional driver. Many of these related to a previous blackout while he worked as a bus driver in 2010, and to his non-disclosure of dizziness and blackouts to Glasgow City Council and the Driver and Vehicle Licensing Agency (DVLA).
Mr Clarke replied: "I don't wish to answer that." Questioned by Solicitor General Lesley Thomson, who is leading the FAI for the Crown, Mr Clarke did answer questions about the day of the crash.
He gave the same reply to three more questions before confirming that he left school when he was aged 15. He gave the court details of his shift and breaks and said that he felt "ok, brand new".
The Solicitor General then asked: "Do you know that six people died on 22 December 2014?" Asked about three bottles of unopened beer found in the lorry cab, Mr Clarke said that it was three days before Christmas and shops sometimes gave beer to refuse crews.
Again, Mr Clarke replied: "I don't wish to answer that." 'Light switch'
When Ms Thomson asked him if he knew details about the six victims, Mr Clarke replied "no". In the moments before the crash, which began in Queen Street, Mr Clarke recalled: "I seen the Christmas lights, everything was ok and the next minute... It was like a light switch."
The Solicitor General then asked: "Do you understand that by not answering you are putting yourself first?" He told the FAI the next thing he could remember was the lorry crashing into the side of the Millennium Hotel in Queen Street.
Mr Clarke replied: "I wouldn't agree with that." Mr Clarke went on: "I thought I heard Matt's (colleague Matthew Telford) voice saying 'Harry wake up'. It sounded like it was a mile away."
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." He said he remembered a fireman and a nurse being there after the crash, and talking to paramedics after being helped from the cabin.
Medical evidence He added: "Next thing I knew I was away to hospital."
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. Ms Thomson then asked: "What do you think had happened to you?"
Mr Clarke replied: "I don't know what had happened to me. I couldn't understand it. I asked Matt what happened and he couldn't talk to me."
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.
'Tragic accident'
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". The Crown Office in Scotland has already decided that Mr Clarke should not be prosecuted over the bin lorry crash as it had been 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.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.The inquiry continues.
Follow live updates from court on our Scotland Live page and by following BBC Glasgow and West on Twitter.
Analysis by Reevel Alderson, BBC Scotland home affairs correspondentAnalysis 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.
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