Bin lorry families seek FAI adjournment for private prosecution

The sheriff presiding over the fatal accident inquiry into the Glasgow bin lorry tragedy has been moved to adjourn the inquiry while three of the families seek authority to bring a private prosecution against the driver of the vehicle, Harry Clarke.

Evidence has been led that Mr Clarke lied about his medical history to the DVLA and to Glasgow City Council ahead of being employed as a driver, by concealing the fact that he had previously suffered blackouts while at the wheel. The Crown however has already ruled out a public prosecution.

Mr Clarke is expected to give evidence but would not be bound to answer any questions that might incriminate him. Moving the adjournment, Dorothy Bain QC, representing the family of Jacqueline Morton, said that if the inquiry was to proceed and Mr Clarke did not answer questions, "they would feel deeply frustrated and that justice had not served them well".

Her motion was supported by the McQuade/Sweeney families, which lost three members, and the family of Gillian Ewing, but opposed by Ronald Conway for the family of Stephenie Tait, who argued that telling lies was not a crime and the public interest would be best served by continuing with the inquiry. "Difficult questions" would be asked of Mr Clarke, who lost consciousness before his vehicle ran out of control on 22 December 2014, causing six deaths.

Sheriff John Beckett QC will hear the remaining evidence, apart from Mr Clarke's, before giving his decision, which could be announced on Thursday.

A private prosecution would need the authority of the High Court. Ms Bain said it might take three months for the families to establish whether they can fund a private prosecution.

[The motion was subsequently withdrawn, but the families concerned still wish to bring a private prosecution]