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Glasgow bin lorry driver refuses to answer questions at inquiry Glasgow bin lorry driver refuses to answer health questions at inquiry
(about 2 hours later)
The driver of the bin lorry that crashed in Glasgow killing six people has refused to answer questions as he began giving evidence to an inquiry into the tragedy. Harry Clarke, the driver in the Glasgow bin lorry crash, has been accused of “putting himself first” after he refused to answer crucial questions about his history of fainting.
Harry Clarke, 58, took the oath and was told by Sheriff John Beckett QC that he did not have to answer any questions that might incriminate him. Clarke, 58, repeatedly told a fatal accident inquiry into the crash “I don’t want to answer that” after lawyers for the families of two of the six people killed confirmed in court that they were planning a private prosecution.
Clarke confirmed his name and gave his occupation as an LGV driver, but said he would refuse to answer any further questions. After numerous warnings from the sheriff, Clarke refused to answer key questions about numerous doctors visits and medical tests for dizziness, fainting, vertigo, heart problems, tension headaches, operations on hands and knee pain dating back to 1976.
There were sobs from a family member as Clarke was led into the witness box. His testimony came in the fifth week of the hearing at Glasgow sheriff court into the accident last December, when Clarke fainted at the wheel of his bin lorry. It careered through the city’s busy streets, leaving six people dead and 15 injured.
Clarke’s appearance at Glasgow sheriff court during the fifth week of the fatal accident inquiry comes after a motion to adjourn the hearing was withdrawn by the family of one of the victims. A request from Clarke’s lawyer to have the inquiry halted was refused earlier. Tensions intensified in the court on Thursday morning when Lesley Thomson, the solicitor general, repeatedly challenged Clarke over what he knew about the events that day, and whether he knew the victims were mothers, fathers and grandparents.
The prospect of a private prosecution remains – a situation that entitles Clarke not to answer certain questions put to him, if he so chooses. Clarke claimed at one point that he only knew some details of the crash from newspaper reports. Thomson appeared to lose her patience: “You do know that these families have been in court to hear answers? Did you know that?”
Solicitor General Lesley Thomson QC asked Clarke to confirm his details and began asking him about his early employment history. Sighs could be heard from the families when the council worker repeatedly answered with the words: “I don’t want to answer that question.” She was interrupted by objections from Clarke’s lawyers, but again pressed him. She asked: “Do you understand by your decision not to answer that you’re putting yourself first?”
The questions moved to the bin lorry crash and Thomson said: “Do you know that six people died on December 22?” A nine-page list of doctors appointments and hospital visits included details about consultations in April 2010, before he fainted at the wheel of a stationary First bus, and a long absence for ill-health in March and April 2010. He then resigned from First on 1 January 2011 after facing disciplinary charges for repeatedly arriving at bus stops early.
Clarke said: “I don’t want to answer that question.” Although he admitted his mother had died of a heart attack, and agreed that, aged one, he was treated for wax in his ears, Clarke refused dozens of times to answer questions on his own medical history. He said: “I don’t wish to answer that.”
Thomson said: “The families have been in court every day to hear answers, do you know that?” Clarke’s medical history – and his alleged failure to disclose his repeated fainting fits and dizziness to his employers, their medical advisers and the DVLA – has become central to the inquiry after Scotland’s prosecutors controversially decided not to prosecute him.
Clarke’s lawyer made repeated objections to the sheriff during questioning. Lawyers for the families of two victims, Jacqueline Morton and Stephenie Tait, confirmed on Thursday to Sheriff John Beckett QC, presiding, that they planned to seek a private prosecution of Clarke after the inquiry.
Clarke, who gave his evidence seated, was asked by the solicitor general: “Do you understand that by choosing not to answer you are putting yourself first?” Beckett refused a Tait family motion to adjourn the inquiry for at least three months to allow them to pursue a private case before Clarke gave evidence, and said Clarke could be warned he was only obliged to confirm his name and age to avoid self-incrimination.
He said: “I wouldn’t agree with that.” He told the court he was able to establish key facts and infer conclusions about his medical history and conduct from the evidence already disclosed to the inquiry, regardless of Clarke’s decision to refuse to answer key questions.
The former driver was then asked to look at his medical records dating back to June 1976, which listed periods of dizziness and ill-health. But he warned the families and public in court not to react angrily to his evidence or refusal to give complete testimony. Beckett said: “No matter how emotionally affecting this might be, the court needs to conduct itself in an orderly fashion.”
After an interjection by his lawyer, Clarke was reminded again by the sheriff that he did not have to give any answers that could incriminate him.
Clarke said: “I don’t wish to answer any more questions.”