Bin Lorry Crash Victim's Family Seeks Private Prosecution Against Driver
The family of a woman killed in the Glasgow bin lorry crash have told a fatal accident inquiry they intend to seek a private prosecution against driver Harry Clarke.
The family of a woman killed in the Glasgow bin lorry crash have told a fatal accident inquiry they intend to seek a private prosecution against driver Harry Clarke.
The lawyer acting for the family of Jacqueline Morton, 51, asked the inquiry into the December 22 tragedy to be adjourned as they sought authority to launch a court action against Harry Clarke, 58, after the Crown Office ruled out any prosecution.
Six people died when the council refuse truck he was driving veered out of control.
An inquiry at Glasgow Sheriff Court, now in its fifth week, has heard that Mr Clarke had a history of dizzy spells and fainting which he failed to disclose to the DVLA and on job application forms.
The Crown Office ordered an investigation into the circumstances of the crash after ruling that there was no evidence to warrant criminal proceedings. Dorothy Bain QC, acting for the family of Ms Morton, from Glasgow, told the sheriff she had been instructed to seek an adjournment of the inquiry in order to seek authority to bring a private prosecution.
The issue of funding still has to be established, she said.
Mr Clarke was expected to give evidence himself at the inquiry.
His lawyer said: He wants to answer all the questions that are put to him at the inquiry'' but added that his client had the right toprivilege against self-incrimination''.
He said: If there is a possibility that he will be prosecuted as a result of his involvement in this tragedy ... then he is entitled to the protection of Section 5 just as any other witness would be.''
Ronald Conway, acting for relatives of victim Stephenie Tait, 29, from Glasgow, said they will not be involved in any private prosecution.
He said: Telling lies is not a crime; telling lies to the medical profession is not a crime.''
The lawyer said the Taits recognised the right of others to bring a prosecution, however.
Mark Stewart QC, acting for the family of Erin McQuade, 18, and her grandparents Jack Sweeney, 68, and Lorraine Sweeney, 69, said they disagreed with the Crown decision not to bring a prosecution and welcomed the opportunity to say it in public.
Mr Stewart said the family wished to reserve the right to prosecute anyone carrying personal responsibility'' for the tragedy.
Alistair Forsyth, for the Ewing family, said they associate'' with the motion put forward by Ms Bain QC.
Solicitor General Lesley Thomson QC, who is leading the inquiry, said that a private prosecution was a rare and exceptional beast'' and the development would need to be considered by the Crown.
Sheriff John Beckett said he would consider the motion for adjournment and the inquiry would hear the evidence of the other remaining witnesses in the meantime.
This is expected to last until Wednesday.
Ms Bain said it could take up to three months to establish whether a private prosecution can proceed.