Bin Lorry Driver To Give Evidence At Inquiry

Lawyers for Jacqueline Morton, 51, have asked that an inquiry under way into the December 22 tragedy be halted as they attempt to bring a private prosecution against Harry Clarke, 58.

The crash in Glasgow in December killed six people.

Solicitor General Lesley Thomson said she believed Mr Clarke would not have to give much information beyond his name because of pending prosecution but Ms Bain said he could chose whether or not to answer questions, despite the incrimination warning.

That angered some of the victims’ families, who are now seeking permission for a private prosecution.

However, Ronald Conway, acting for the family of Stephenie Tait, said they would not pursue a private prosecution and wanted to focus on resolving the “systemic failures” uncovered by the inquiry.

Ms Bain said the scope of that had not yet been analysed “to any significant degree”, but she presented a table to the inquiry setting out possible charges, including causing death by risky driving, making false declarations to the DVLA and culpable and reckless conduct.

“It is in the best interest of everyone to conclude this inquiry with out delay”.

The inquiry, now in its fifth week, will hear from the remaining witnesses before the sheriff makes a decision on Ms Bain’s request on Thursday.

It will mean that 58-year-old Harry Clarke will appear at the inquiry to give evidence as a witness.

Ms Bain suggested the inquiry could adjourn for a period of three months, allowing enough time for the application to be considered by the High Court. He is likely to be advised not to answer some or all of the questions put to him so as not to prejudice himself ahead of any future criminal trial.

She said: “I intend to ask him about every single matter and I would like an answer, whether I get an answer or not”.

On Monday, the legal team representing the family of victim Gillian Ewing, 52, from Edinburgh, said they supported the motion for adjournment but today they backed its withdrawal.

Jack Sweeney, 68, his wife Lorraine, 69, and their 18-year-old granddaughter, Erin McQuade, all from Dumbarton, were among those who died.

The inquiry was told a meeting was held the day after the crash with representatives from the police, the Crown Office, the HSE and others, and it was agreed that the incident was a road traffic incident and would be investigated by police.

The inquiry has heard evidence that he blacked out at the wheel of a stationary bus in Glasgow in April 2010.

Doctors diagnosed Mr Clarke with vaso vagal syndrome, a condition that affects the heart rate and blood pressure. The six were killed when a bin lorry hit them on Glasgow’s Queen Street, close to a busy shopping area.

Sheriff John Beckett has previously been told there is no record of Mr Clarke’s reference on file with the employer.