Driver blackout private prosecution bids turned down by Lord Advocate

The Lord Advocate has turned down the request by the families of victims of the Glasgow bin lorry tragedy, and of another fatal road accident, to bring private prosecutions against the two drivers concerned.

Frank Mulholland QC, the Lord Advocate, has refused his concurrence to relatives of Jack and Lorraine Sweeney and their granddaughter Erin McQuade, three of the six victims of the bin lorry crash to bring a bill for criminal letters against the driver, Harry Clarke, who blacked out at the wheel after sustaining a similar episode while driving some years before.

The Crown had previously issued a statement explaining its decision that there was insufficient evidence to justify a prosecution (click here for report).

At the same time the Crown refused concurrence to the families of Mhairi Convy and Laura Stewart, who were killed in December 2010 when a Range Rover driven by William Payne mounted a pavement in Glasgow and struck them. Mr Payne had blacked out at the wheel having sustained six similar episodes in the previous three years.

In each case the Crown released a statement confirming that "The original decision not to take criminal proceedings was made on the basis that there was insufficient evidence in law to prove that a crime had been committed and that position remains unchanged."

The families concerned must now secure the permission of the High Court of Justiciary if they wish to proceed.