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Glasgow bin lorry crash prosecution ruled out Glasgow bin lorry crash prosecution ruled out
(35 minutes later)
Families bereaved by two Glasgow road death incidents, including the 2014 bin lorry crash, have been told they cannot launch private prosecutions.Families bereaved by two Glasgow road death incidents, including the 2014 bin lorry crash, have been told they cannot launch private prosecutions.
Two families had been seeking permission to bring charges against bin lorry driver Harry Clarke. Two bereaved families had been seeking permission to bring charges against bin lorry driver Harry Clarke.
Mr Clarke was unconscious when the bin lorry veered out of control on 22 December 2014, killing six people.Mr Clarke was unconscious when the bin lorry veered out of control on 22 December 2014, killing six people.
Judges also ruled against a similar bid from the relatives of two students killed in a crash in 2010.Judges also ruled against a similar bid from the relatives of two students killed in a crash in 2010.
The Crown had previously decided not to bring prosecutions in either case.The Crown had previously decided not to bring prosecutions in either case.
Judges began hearing legal arguments over private prosecutions at the Court of Session in September. The families of victims then sought permission to bring rare private prosecutions against the drivers.
Judges began hearing legal arguments at the Court of Session in September.
Those who died in the bin lorry crash were Erin McQuade, 18, her grandparents Jack Sweeney, 68, and his 69-year-old wife Lorraine, from Dumbarton, Stephenie Tait, 29, and Jacqueline Morton, 51, both from Glasgow, and Gillian Ewing, 52, from Edinburgh.Those who died in the bin lorry crash were Erin McQuade, 18, her grandparents Jack Sweeney, 68, and his 69-year-old wife Lorraine, from Dumbarton, Stephenie Tait, 29, and Jacqueline Morton, 51, both from Glasgow, and Gillian Ewing, 52, from Edinburgh.
The Sweeney/McQuade families wanted Harry Clarke prosecuted as a fatal accient inquiry in August 2015 found the crash could have been avoided if he had not lied about his medical history.The Sweeney/McQuade families wanted Harry Clarke prosecuted as a fatal accient inquiry in August 2015 found the crash could have been avoided if he had not lied about his medical history.
The inquiry found that Mr Clarke, who had a history of blackouts and poor health, had "repeatedly lied in order to gain and retain jobs and licences". The inquiry found that Mr Clarke, 59, who had a history of blackouts and poor health, had "repeatedly lied in order to gain and retain jobs and licences".
This included not fully disclosing the details of a blackout he suffered at the wheel of a stationary bus in April 2010 to his own doctors and in employment applications and medical assessments for later jobs at Glasgow City Council.This included not fully disclosing the details of a blackout he suffered at the wheel of a stationary bus in April 2010 to his own doctors and in employment applications and medical assessments for later jobs at Glasgow City Council.
It found eight reasonable precautions that could have prevented the crash. All were related to his hidden medical past.It found eight reasonable precautions that could have prevented the crash. All were related to his hidden medical past.
During evidence at the inquiry, which concluded in August, it emerged that Mr Clarke had suffered an episode of neurocardiogenic syncope. During evidence at the inquiry, which concluded in August 2015, it emerged that Mr Clarke had suffered an episode of neurocardiogenic syncope.
He passed out at the wheel while the bin lorry was on Queen Street in Glasgow city centre, just days before Christmas. He passed out at the wheel while the bin lorry was on Queen Street in Glasgow city centre, just days before Christmas 2014.
Just 19 seconds later, the vehicle came to rest against the Millennium Hotel in George Square, leaving six people dead and 17 injured.Just 19 seconds later, the vehicle came to rest against the Millennium Hotel in George Square, leaving six people dead and 17 injured.
The other case related to students Mhairi Convy and Laura Stewart, who were knocked down and killed in a separate crash in Glasgow in 2010.The other case related to students Mhairi Convy and Laura Stewart, who were knocked down and killed in a separate crash in Glasgow in 2010.
The two women, who were aged 18 and 20, were walking in the city's North Hanover Street when a Range Rover being driven by William Payne mounted the kerb and hit them after he blacked out at the wheel.The two women, who were aged 18 and 20, were walking in the city's North Hanover Street when a Range Rover being driven by William Payne mounted the kerb and hit them after he blacked out at the wheel.
Rejecting the appeal for private prosecutions, Lord Justice Clerk Lady Dorrian, along with Lord Menzies and Lord Drummond Young, said the Crown Office had applied the correct test on the legal requirements of charges of dangerous driving.Rejecting the appeal for private prosecutions, Lord Justice Clerk Lady Dorrian, along with Lord Menzies and Lord Drummond Young, said the Crown Office had applied the correct test on the legal requirements of charges of dangerous driving.
Lady Dorrian said: "In our view the test of exceptionality would require to show that the Lord Advocate's decision not to prosecute had to be viewed in the circumstances as an egregious or outrageous failure in the exercise of his public duty in the circumstances. Lady Dorrian said: "In our view the test of exceptionality would require to show that the lord advocate's decision not to prosecute had to be viewed in the circumstances as an egregious or outrageous failure in the exercise of his public duty in the circumstances.
"It is quite difficulte to conceive of circumstances in which the court would pass a bill where the Lord Advocate had examined and investigated the circumstances of the case and concluded as a matter of informed judgment that the whole tenor and weight of the evidence did not justify prosecution." "It is quite difficult to conceive of circumstances in which the court would pass a bill where the lord advocate had examined and investigated the circumstances of the case and concluded as a matter of informed judgment that the whole tenor and weight of the evidence did not justify prosecution."