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Glasgow bin lorry crash: private prosecution against driver rejected Glasgow bin lorry crash: private prosecution against driver rejected
(35 minutes later)
Relatives of those who died in the Glasgow bin lorry crash have failed in their attempt to bring a private prosecution against the driver who killed six people after he fainted at the wheel.Relatives of those who died in the Glasgow bin lorry crash have failed in their attempt to bring a private prosecution against the driver who killed six people after he fainted at the wheel.
Senior judges at the appeal court in Edinburgh rejected the case – brought by the family of three of the crash victims that 59-year-old Harry Clarke should be put on trial in an exceptionally rare private criminal prosecution – after warning that to allow it would “open the floodgates” for similar prosecutions. Senior judges at the appeal court in Edinburgh rejected the case – brought by the family of three of the crash victims – that 59-year-old Harry Clarke should be put on trial in an exceptionally rare private criminal prosecution, after warning that to allow it would “open the floodgates” for similar prosecutions.
The family of three of the victims of the 2014 crash, Erin McQuade and her grandparents Jack and Lorraine Sweeney, pursued the highly unusual legal route after the Crown Office controversially refused to charge Clarke over their deaths, despite a fatal accident inquiry finding that he had lied about his medical history. The family of three of the victims of the 2014 crash, Erin McQuade and her grandparents Jack and Lorraine Sweeney, pursued the highly unusual legal route after the Crown Office refused to charge Clarke over their deaths, despite a fatal accident inquiry finding that he had lied about his medical history.
Stephenie Tait, 29, Jacqueline Morton, 51, and Gillian Ewing, 52, also died in the crash.Stephenie Tait, 29, Jacqueline Morton, 51, and Gillian Ewing, 52, also died in the crash.
The relatives, as well as the driver, were granted legal aid for the legal move in March by the Scottish government’s justice secretary, Michael Matheson. The relatives, as well as the driver, were granted legal aid for the case in March by the Scottish government’s justice secretary, Michael Matheson.
At the time, Matheson said: “Private prosecutions are, and should remain, exceptionally rare in Scotland. At the time, Matheson said: “Private prosecutions are, and should remain, exceptionally rare in Scotland. However, in light of the unique and special circumstances of this case, which raises fundamental questions that have not previously been tested in case law, Scottish ministers believe it is in the public interest that all parties are adequately represented.”
“However, in light of the unique and special circumstances of this case, which raises fundamental questions that have not previously been tested in case law, Scottish ministers believe it is in the public interest that all parties are adequately represented.”
The fatal accident inquiry in the summer of 2015 heard that Clarke had a history of health issues including a previous blackout in 2010 at the wheel of a stationary bus, but he had repeatedly failed to disclose his medical background to his employers or the DVLA.The fatal accident inquiry in the summer of 2015 heard that Clarke had a history of health issues including a previous blackout in 2010 at the wheel of a stationary bus, but he had repeatedly failed to disclose his medical background to his employers or the DVLA.
Six people were killed and eight seriously injured after the out-of-control bin lorry ploughed into a crowd of pedestrians in Glasgow city centre just before Christmas, scattering pedestrians “like pinballs” in the words of onlookers. Six people were killed and eight seriously injured after the out-of-control bin lorry ploughed into a crowd of pedestrians in Glasgow city centre just before Christmas, scattering pedestrians “like pinballs”, in the words of onlookers.
The accident happened at around 2.30pm on Monday 22 December on busy George Square when the area was teeming with last-minute Christmas shoppers and visitors to the ice rink and amusements in the square. The accident happened at 2.30pm on Monday 22 December on busy George Square when the area was teeming with Christmas shoppers and visitors to the ice rink and amusements in the square.
Judges Lady Dorrian, Lord Menzies and Lord Drummond Young had been considering the bill for criminal letters since hearing final arguments in the case in October and ruled on Friday the family cannot pursue a private prosecution of Clarke. The judges Lady Dorrian, Lord Menzies and Lord Drummond Young had been considering the bill for criminal letters since hearing final arguments in the case in October, and ruled on Friday that the family could not pursue a private prosecution of Clarke.
The court also rejected a similar plea for a private prosecution of motorist William Payne, lodged by the families of students Mhairi Convy and Laura Stewart, who were knocked down and killed in Glasgow in 2010. The court also rejected a similar plea for a private prosecution of motorist William Payne lodged by the families of students Mhairi Convy and Laura Stewart, who were knocked down and killed 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.
During earlier hearings, which could not be reported at the time, Lord Advocate James Wolffe QC argued there was “not sufficient evidence to support prosecution” in either case. He also argued that prosecutors must be free to take unpopular decisions. During earlier hearings, which could not be reported at the time, the lord advocate James Wolffe QC argued there was “not sufficient evidence to support prosecution” in either case. He also argued that prosecutors must be free to take unpopular decisions.
John Scott QC, representing Clarke, told the court that the prosecution bid wanted to rely on the fatal accident inquiry conclusions, but that the determination of the sheriff was not admissible in evidence. The solicitor advocate said other parties have started considering private proceedings in other cases and to grant this one could “open the floodgates”. John Scott QC, representing Clarke, told the court that the prosecution bid wanted to rely on the fatal accident inquiry conclusions, but the determination of the sheriff was not admissible in evidence. The solicitor advocate said other parties had started considering private proceedings in other cases, and to grant this one could “open the floodgates”.