DVLA will not prosecute bin lorry driver over false claims

Licensing authority says it will not be taking further action on case

THE driver of the bin lorry which crashed killing six people in Glasgow will not face a DVLA prosecution, an inquiry has heard.

Sheriff John Beckett, leading a Fatal Accident Inquiry (FAI) into the tragedy in December last year, was told that Harry Clarke will not be prosecuted in England or Wales.

It had previously been claimed Mr Clarke could be the first person in the UK to be prosecuted for offences such as failing to disclose a medical condition or making a false declaration to the DVLA.

But Rhoderick McIlvride QC, representing the DVLA, said yesterday: “I am authorised to advise that the issue has been under consideration but the DVLA recognise that this is a matter for the Crown Office and the DVLA will not be taking the matter any further.”

The Crown Office initially stated in February that they would not prosecute Mr Clarke and Solicitor General Lesley Thomson QC confirmed this position on Wednesday – despite claims that he lied to the DVLA, doctors and his employers about previous medical problems including a “blackout” at the wheel of a bus in 2010.

Sheriff Beckett has asked if families plan to raise private prosecutions and said Mr Clarke may be given a warning ahead of giving evidence that he does not have to say anything that might incriminate him.

Private prosecutions have to be sanctioned by the High Court and the Lord Advocate could oppose such a move. The Crown Office would not comment yesterday on its position in the event of a private prosecution.

The FAI, which heard its 17th day of evidence at Glasgow Sheriff Court yesterday, was also told that Mr Clarke could still be driving if the inquiry had not started so promptly.

Mr Clarke’s driving and LGV licences were restored in April, four months after the crash, but revoked again in June because of medical evidence given to the DVLA, before the FAI, which showed he had a history of blackouts.

Ronald Conway, who is representing the family of crash victim Stephenie Tait, asked Dr Gareth Parry, a medical adviser for the DVLA: “In the absence of an FAI it is unlikely this information would have come to you.”

He added that in many cases FAIs do not “proceed for years” and said: “In this case Mr Clarke would have had his HGV and ordinary licence.”

Dr Parry correct.”

The inquiry has previously heard Mr Clarke’s licence was restored in

replied:

“That

is April despite the DVLA being told by Police Scotland about him losing consciousness behind the wheel of a bus in 2010.

Dr Parry stated the information was not treated as an official notification.

Paul Reid, who has been representing Mr Clarke at the inquiry, told the hearing the DVLA had been made aware Mr Clarke was under the care of a cardiologist following the bin lorry crash. The inquiry continues.