Driver Harry Clarke Not Blaming Others for Bin Lorry Crash, Inquiry Told

bin lorry crash
Published 28th Aug 2015

The driver of the bin lorry that crashed in Glasgow killing six people "does not seek to blame others'' for the tragedy, an inquiry has heard.

Harry Clarke lost consciousness at the wheel of the truck three days before Christmas last year.

His lawyer, Paul Reid QC, told a fatal accident inquiry into the crash: "Harry Clarke does not doubt for a moment the unimaginable grief, loss and sadness that the families of the victims must have suffered.''

Mr Reid then offered his condolences to the victims' families on behalf of himself and his client.

He added: "Harry Clarke does not seek to blame others for the tragic events of that day.''

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.

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 question which could incriminate him as the families of some of the victims had signalled their intention to raise a private prosecution against him.

The Crown Office had already ruled out any criminal prosecutions over the deaths earlier in the year.

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 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.''

When appearing at the inquiry, Mr Clarke was told by one lawyer that the tragedy was "all your fault''.

Mr Reid said that was "unfair and unfounded''.

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 said no advice had been given for him to inform the DVLA and that it was "reasonable'' to rely on doctors.

"Prior to December 2014, no doctor had ever told Mr Clarke that his medical history impaired his ability to drive,'' Mr Reid said.

"No indication was ever given to Mr Clarke to notify a medical condition to the DVLA. It was reasonable for him to rely on the doctors in that regard.''

He added: "Mr Clarke's medical history gave no indication that he was at an increased risk of a vasovagal episode.

"To suggest that Mr Clarke should have known that he was unfit to drive because of his medical history has no basis in fact.''

Mr Reid added that it was "simply incredible'' to suggest that his client had tried to "cover up'' his medical history.

Mr Reid said it was "incredible'' to describe Mr Clarke's actions after the crash as an attempt to cover up his medical history.

"All the evidence is of a man in shock,'' the lawyer said.

Mr Reid said his client was an "ordinary man who has the failings of ordinary men''.

He added: "He recognises that there is nothing I can say on his behalf that will offer comfort to the families.

"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 added: "He will carry this with him for the rest of his days.''

Earlier, Advocate Malcolm McGregor, representing doctors Langan, McKaig and Willox in the inquiry, offered sympathy and condolences to the victims' families on behalf of his clients.

He said there is a "bond of trust'' between patient and doctor which relies on the patient being "honest and truthful''.

Mr McGregor said it was "clear'' that Mr Clarke had not provided the "true circumstances'' of his "faint'' at the wheel of a bus in April 2010.

He said: "In my submission, it would have been for Harry Clarke to inform the general practitioners of the accurate account of his loss of consciousness on April 7 2010.

"In my submission, it is implicit that there were no reasonable precautions that could have been taken by doctors McKaig, Langan and Willox.''

Advocate Helen Watt, representing Dr Kenneth Lyons, then addressed the inquiry.

Dr Lyons saw Mr Clarke the day after the driver lost consciousness at the wheel of a stationary bus in 2010.

After consulting Mr Clarke's GP, Dr Lyons advised First Bus that he was "fit to return to driving duties''.

Ms Watt told the inquiry that there were "multiple interpretations'' of the DVLA guidelines available to Dr Lyons.

She said he had made a "reasonable judgement'' in the case of Mr Clarke and went on to conclude that "it is clear that none of the doctors could have possibly foreseen the terrible events of 2014''.

She said while this was the case, Dr Lyons had reflected on the events and had changed his processes as a result, including changing his threshold for referral to the DVLA and a greater willingness to challenge GPs.

Erin McQuade and Jack and Lorraine Sweeney, from Dumbarton, West Dunbartonshire, Stephenie Tait, 29, and Jacqueline Morton, 51, both from Glasgow, and Ms Ewing, 52, from Edinburgh, were killed as the lorry driven by Mr Clarke veered out of control during a routine rubbish collection.