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Glasgow bin lorry crash: Driver 'not selfish coward' Glasgow bin lorry crash: Driver 'not selfish coward'
(34 minutes later)
The Glasgow bin lorry inquiry into the deaths of six people has heard that the driver is not "selfish" or a "coward".The Glasgow bin lorry inquiry into the deaths of six people has heard that the driver is not "selfish" or a "coward".
The inquiry has heard Harry Clarke, 58 was unconscious when the lorry veered out of control on 22 December 2014.The inquiry has heard Harry Clarke, 58 was unconscious when the lorry veered out of control on 22 December 2014.
During the inquiry, he refused to answer questions about alleged lies he told over a previous blackout in 2010 as he could face private prosecution. Mr Clarke's QC, Paul Reid, said it was "lamentable" he had been attacked for not answering some questions while he could face private prosecution.
Mr Clarke's QC, Paul Reid, told the inquiry it was "lamentable" his client had been branded selfish and a coward. Sheriff John Beckett has now adjourned the inquiry and said he hopes to report his findings before January next year.
In his closing submission to the fatal accident inquiry (FAI) at Glasgow Sheriff Court, Mr Reid said: "Harry Clarke does not doubt for a moment the unimaginable grief, loss and sadness that the families of the victims must have suffered." The family of crash victim Jacqueline Morton said the inquiry had highlighted "weaknesses in the system" and that a similar tragedy should not be allowed to happen again.
'Tragic events' The fatal accident inquiry (FAI) at Glasgow Sheriff Court adjourned after hearing closing submissions from lawyers representing interested parties.
Mr Reid then offered his condolences to the victims' families on behalf of himself and his client. 'Insufficient evidence'
He added: "Harry Clarke does not seek to blame others for the tragic events of that day." The inquiry was convened after the Crown Office said it would not prosecute anyone over the crash - a highly controversial decision that was defended by Scotland's top law officer, the Lord Advocate Frank Mulholland.
The inquiry has previously heard how Mr Clarke did not disclose his medical history, including a loss of consciousness at the wheel of a bus in 2010, when applying for a job with Glasgow City Council or in subsequent LGV licence renewals. He said there was "insufficient evidence in law" to bring proceedings.
When he came to Glasgow Sheriff Court to give evidence to the inquiry, Mr Clarke was warned by Sheriff John Beckett he did not have to answer questions which could incriminate him as the families of some of the victims had signalled their intention to raise a private prosecution against him. Families of victims have been highly critical of this decision after it emerged that Mr Clarke suffered a previous blackout at the wheel of a bus in 2010.
The Crown Office had already ruled out any criminal prosecutions over the deaths earlier in the year. He did not fully disclose this incident to his own doctors, the Driver and Vehicle Licensing Agency (DVLA) or on application forms or medical declarations for council jobs.
Mr Reid said it was his client's intention to answer any questions put to him at the inquiry until the "theoretical" prospect of a private prosecution "became a reality". Mr Clarke chose not to answer all questions relating to the 2010 incident and his medical history when he gave evidence to the inquiry as he may still face a private prosecution from some of the victims' families.
Mr Reid said: "He has been described as selfish and a coward. That is unfair and denigrates the privilege he was invoking. When Mr Clarke's QC, Mr Reid, made his closing submission at the FAI on Friday, he said: "Harry Clarke does not doubt for a moment the unimaginable grief, loss and sadness that the families of the victims must have suffered.
"It is lamentable that he was attacked so readily and frequently." "He recognises that there is nothing I can say on his behalf that will offer comfort to the families.
When appearing at the inquiry, Mr Clarke was told by one lawyer that the tragedy was "all your fault". "He did not set out that day to inflict such unimaginable loss. He is not a lying or deceitful man. He is a very ordinary man who has the failings of ordinary men."
Mr Reid said that was "unfair and unfounded". 'Extraordinary circumstances'
He said his client had never been told by any medical professional prior to December 2014 that his medical history made him unfit to drive. Mr Reid added: "He will carry this with him for the rest of his days."
Mr Reid said no advice had been given for him to inform the Driver and Vehicle Licensing Agency (DVLA) and that it was "reasonable" to rely on doctors. The QC said it was his client's intention to answer any questions put to him at the inquiry until the "theoretical" prospect of a private prosecution "became a reality".
The FAI, which is looking at the health of Mr Clarke, the Glasgow City Council bin lorry and its route, is drawing to a close. Mr Reid said: "He has been described as selfish and a coward. That is unfair and denigrates the privilege he was invoking. It is lamentable that he was attacked so readily and frequently."
Sheriff John Beckett brought the inquiry to a close, advising he would issue a written determination after giving the "extraordinary circumstances" of the incident "careful assessment".
Sheriff Beckett said this would not be achieved in less than two months, but he would endeavour to be able to do so by January at the latest.
Erin McQuade and Jack and Lorraine Sweeney, from Dumbarton, West Dunbartonshire, Stephenie Tait, 29, and Jacqueline Morton, 51, both from Glasgow, and Gillian Ewing, 52, from Edinburgh, were killed as the lorry driven by Mr Clarke veered out of control during a routine rubbish collection in Glasgow city centre.
A statement was read outside the court on behalf of the Morton family, who said: "The last six weeks have been a difficult, stressful and at times upsetting experience for us as a family.
"Over the course of the last few weeks, the fatal accident inquiry has heard evidence around the actions of individuals and organisations which led to the tragic events of December 22 2014.
Safety plea
"The actions of Harry Clarke have been examined and explored in detail. The family feel that the answers that Mr Clarke could not give can be found in the evidence given by the other witnesses and documents laid before the inquiry.
"The inquiry has highlighted weaknesses in the system that makes it too easy for an individual to obtain and retain a driving licence when they are not fit to drive contrary to public safety. The actions of an individual cannot be allowed to lead to a tragedy on such a scale again.
"Nothing can undo what occurred last December, nor change the loss that we as a family have suffered, but it cannot be the case that another family is standing here next year, or the year after that, because something of this nature has happened again.
"We have heard all the evidence. It is time for Sheriff Beckett to consider it and come back with a determination."
The statement added: "Above all, we remember and miss Jacqueline. A beloved partner of John, a much-loved mum of Adam and Scott, a daughter, sister, devoted grannie and a friend to all who knew her. She is sadly missed and will always be remembered."