Judges consider appeal over Glasgow bin lorry crash driver prosecution
THE judges who have been hearing arguments on whether Glasgow bin lorry driver Harry Clarke can be privately prosecuted will issue their decision on the case in the immediate future.
THE judges who have been hearing arguments on whether Glasgow bin lorry driver Harry Clarke can be privately prosecuted will issue their decision on the case in the immediate future.
Judges Lady Dorrian, Lord Menzies and Lord Drummond Young decided to issue a written judgment on the matter following a hearing on Wednesday at the Court of Criminal Appeal in Edinburgh.
Lady Dorrian, the Lord Justice Clerk, told the court of the decision after spending the day listening to legal arguments from John Scott QC and Gordon Jackson QC.
The content of Mr Scott and Mr Jackson's submissions cannot be disclosed for legal reasons.
However, the proceedings were brought by the relatives of those who lost their lives after being struck by a bin lorry being driven by Mr Clarke.
The former Glasgow City Council employee was behind the wheel of the large lorry which struck six people in Glasgow City Centre on December 22 2014.
Student Erin McQuade,18, and her grandparents 68-year-old Jack and 69-year-old Lorraine Sweeney lost their lives in the incident.
The other people who died were Stephanie Tait,29, Jacqueline Morton,51, and 52-year-old Gillian Ewing. Crown Office lawyers decided not to prosecute the 59-year-old driver on the basis that he had a medical condition which caused him to lose consciousness.
The relatives of Erin McQuade, and Jack and Lorraine Sweeney believe prosecutors were mistaken not to bring Clarke to court.
The families believe there is enough evidence to justify Mr Clarke, of Glasgow, being prosecuted for alleged criminality in the lead up to the crash.
They are currently seeking the permission of the High Court to bring a private prosecution against Mr Clarke. The relatives are being joined 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.
Again, the procurator fiscal chose not to prosecute Mr Payne on the basis that he also had a medical condition which caused him to lose control of his motor.
The relatives of the two young women also want to bring a private prosecution against Mr Payne. Lawyers acting for the relatives have brought a Bill Of Criminal Letters - the legal expression given for private prosecutions in Scotland.
Mr Jackson, the Dean of the Faculty of Advocates, represents Mr Payne.
Mr Scott, a solicitor advocate represents Mr Clarke. It is not at this point in time known when the judges will issue their decision.