Bus firm being sued over medical history of bin crash driver
BIN lorry death driver Harry Clarke’s former employer is being sued after a sheriff ruled the firm may have given an inaccurate reference over his history of blackouts.
The council worker and former driver for First Bus passed out at the wheel of the 26-ton vehicle in Glasgow’s Queen Street on December 22, 2014.
The lorry careered out of control and mounted the pavement, killing six people before it collided with the wall of the Millennium Hotel 100 yards away.
It emerged yesterday insurers for Glasgow City Council are suing First in a bid to get it to contribute to victims’ compensation, which could total millions of pounds.
A fatal accident inquiry (FAI) in 2015 found a ‘true’ appraisal would have barred Mr Clarke from a job with the authority in 2010 – and averted the fatal crash.
The FAI heard the 61-year-old told three doctors different stories about fainting at the wheel of a bus in 2010. He was also suspended and faced a disciplinary hearing but he said he was ‘fit’ and ‘very reliable’ in his council application and gave First Bus and DHL as referees.
Sheriff John Beckett, QC, who presided over the FAI, found that Mr Clarke ‘deceived’ the firm’s occupational health adviser, and said the council would have taken him off the road if his medical history had been known.
In his determination, the sheriff said: ‘While it is neither complete nor entirely satisfactory, on the basis of the evidence which I heard, I conclude that it is more likely than not that First provided Glasgow City Council with a reference for Mr Clarke in favourable/ satisfactory terms.
‘Such a reference was not true, accurate and fair and it gave a misleading impression.’
The FAI found Mr Clarke had hidden his medical background from his employers and the DVLA, with Sheriff Beckett ruling that the smash could have been avoided if Mr Clarke had not lied.
But despite the findings, the Crown Office said there was insufficient evidence to prosecute.
Earlier this year, relatives of victim Gillian Ewing, 52, received £816,000 in compensation from Glasgow City Council, while damages for Jacqueline Morton, 51, are believed to have been agreed.
It follows a lengthy legal battle by Miss Ewing’s daughter Robyn after the Crown Office decided not to prosecute Mr Clarke.
The family of victims Erin McQuade, 18, and her grandparents Lorraine, 69, and Jack Sweeney, 68, from Dumbarton, then launched a private prosecution bid to convict Mr Clarke of dangerous driving.
But following a wrangle with Mr Clarke’s lawyers, the case was blocked by judges at the Appeal Court in 2016. It later emerged that Mr Clarke’s lawyers had received £61,247 in legal aid.
There was further anger this year when Mr Clarke escaped jail despite admitting driving without a licence following the tragedy.
Mr Clarke, who drove near his home in Baillieston, Glasgow, had his driving licence withdrawn on medical grounds in the wake of the crash.
As a result of the conviction he was ordered to carry out 150 hours unpaid work and put under supervision for a year.
Commenting on the move to sue First Bus, a Glasgow City Council spokesman said: ‘This is a matter for our insurers, rather than an action by the council itself.
‘It would be inappropriate to comment further.’
First Glasgow managing director Andrew Jarvis last night vowed to fight the ‘unwarranted’ legal bid.
‘Was not true, accurate and fair’