Take power from him.. and give us chance at justice
CAMPAIGNERS’ PLEA OVER BIN LORRY CRASH Bid to end Lord Advocate’s control of private cases
Graeme Donohoe A bid to strip control of private cases from Scotland’s top prosecutor is to be launched by legal campaigners this week.
A petition to make it easier to pursue cases will be heard at the Scottish Parliament.
The move follows the Glasgow bin lorry case in which victims’ fami l ies’ hopes of pursuing binman Har ry Clarke on dangerous driving charges were rejected.
In December 2016, law lords dismissed their appeal against then lord advocate Frank Mulholland’s original decision to block their bid.
But Wednesday’s Holyrood hearing could lead to people in Scotland having the same rights to pursue a private prosecution as the rest of the UK.
Lawyer Bi l l Alexander’s petition has been backed by the GMB and RMT unions.
They believe revoking the Lord Advocate’s veto power over private cases will force firms to take workers’ health and safety more seriously.
Six people died when Glasgow City Council bin lor r y d r iver C larke blacked out at the wheel of his vehicle on December 22, 2014.
The Crown Office insisted there was insufficient evidence to raise criminal proceedings.
The RMT said: “The removal of the Lord Advocate’s role would go some way to providing a more effective means of obtaining justice.”
GMB Scotland said: “We believe all citizens should have access to justice and there may be times when prosecutors, investigators or both get it wrong.
“The decision of the High Court judges in an appeal against the Lord Advocate’s decision shows there will be little opportunity for private prosecution in the future unless the role of the Lord Advocate and High Court judges is made fit for purpose.” But critics say it risks creating a two-tier justice system.
Budget cuts have forced hundreds of people to fund their own criminal act ions in England and Wales.
The STUC support reform but warned: “We would be very concerned if private prosecutions were to be used to transfer bringing corporations or employers to justice from the public to the private realm – or f rom the public purse to the individual.”