‘My husband threw us from bin lorry’s path’
The lawyer for the family of a woman killed in the Glasgow bin lorry crash has asked for the fatal accident inquiry (FAI) to be adjourned to allow them to pursue a private prosecution of the driver.
Mr Clarke had earlier taken to the stand to give evidence – but refused to answer any questions about the crash.
Previously Mr Clarke had refused to answer questions after being warned that he didn’t not have to answer anything which might incriminate him.
Solicitor General Lesley Thomson, the QC leading the inquiry, told him the families of the deceased had wanted to hear is answers, but this had no effect.
Mr Clarke was asked if he knew about the people who had been injured and he said his view of the scene was blocked by fire engines and police cars.
The prospect of a private prosecution of Mr Clarke remains – a situation which entitles him not to answer certain questions put to him, if he so chooses.
After he claimed at one point that he only knew some details of the crash from newspaper reports, Thomson appeared to lose her patience: “You do know that every family has been in court every day to hear answers?”
But Dorothy Bain QC, representing the family of Ms Morton, today told the inquiry, now in its fifth week, they had withdrawn the motion to have the inquiry adjourned.
Relatives of Jacqueline Morton, 51, who died when the council refuse truck veered out of control in the city centre three days before Christmas, said on Monday they would seek to bring charges against Mr Clarke after prosecutors ruled out doing so.
The inquiry has heard evidence that he blacked out at the wheel of a stationary bus in Glasgow in April 2010.
Mr Clarke said: “No, I didn’t know that”.
Clarke’s advocate, Ronnie Clancy QC, said the driver supported the adjournment, but stressed that he was keen to return to the inquiry to give evidence once the issue of legal proceedings had been resolved.
“Matt was there, I said ‘Matt, what happened?’ and he couldn’t talk to me”.
Ms Bain told the inquiry that any possible private prosecution could hypothetically consider an alleged “course of conduct” by Mr Clarke from “at least 2008 to April 2015”.
Erin McQuade, 18, and her grandparents Jack Sweeny, 68, and Lorraine Sweeny, 69, also died in the crash.
Some relatives left before Harry Clarke started his evidence at Glasgow Sheriff Court and more walked out soon afterwards.
He was asked a number of questions that he said he didn’t want to answer including, “do you have a daughter” and “were you married”.
Questioned over his sickness record and if he could remember as far back as 2010, he said: “No”.
“They feel it is in the best interests of everyone to conclude this inquiry without delay”.
The Crown Office has already decided that Mr Clarke should not be prosecuted over the fatal crash.
Before giving evidence, Mr Clarke’s lawyer said that he would no doubt find it “traumatic” having questions put to him about the accident.