Bin driver defied his doctor in bid to get licence back
THE driver of a bin lorry that killed six people when it ran out of control asked for his HGV licence to be reinstated only months after the crash, a court heard yesterday.
Harry Clarke contacted the DVLA to ask when he would get his licence back, despite being told by a senior doctor that he should not drive, a Fatal Accident Inquiry (FAI) was told.
The 58-year-old was driving the council bin l orry in Glasgow city centre on December 22 last year when the crash happened.
Witnesses reported that he appeared to lose consciousness at the wheel.
Yesterday, the FAI at Glasgow Sheriff Court heard from cardiologist Professor Andrew Rankin, who first met Mr Clarke in February this year.
During his cross-examination by solicitor advocate Ronald Conway, the inquiry heard that Mr Clarke was in contact with the DVLA about getting his l i cence back even after Professor Rankin had deemed him unfit to continue driving a heavy goods vehicle.
The cardiologist said: ‘ In context of what happened, I told him in my opinion he should not drive HGVs.’
Mr Conway, who is representing the family of Stephenie Tait, who died in the crash, then showed the inquiry a DVLA log relating to Mr Clarke’s contact with it. He said: “What this
would appear to indicate is, notwithstanding the terms of your discussion, by April 2 he is already seeking reinstatement of his HGV licence.
‘That would be a direct contradiction of your advice.
‘On the face of it, he seems anxious to have his HGV licence restored.’
Professor Rankin replied: ‘He might have misunderstood me in terms of my suggestion that he clarify with the DVLA.’
The cardiologist then said he had met Mr Clarke a second time in May – and had been ‘surprised’ to learn that he had been given his licence back.
Mr Conway then told the inquiry it is the driver who has the duty to self-report any medical issues to the DVLA and that this is not the doctor’s responsibility.
Professor Rankin said this was a ‘recognised weakness’ in the system.
In February the Crown Office said that no criminal charges would be brought against Mr Clarke in relation to the bin lorry crash, but relatives of Jacqueline Morton, one of
‘Seems anxious to have licence restored’
those killed in the incident, have called for him to be prosecuted.
The inquiry also heard from specialist Dr Ronald Neville, who produces GP expert reports. He said the current DVLA system is ‘not fit for purpose’, admitting it was possible for a person applying for a licence ‘not to disclose very important things’.
Dr Neville added: ‘ Unless this goes through the GP in some shape or form, there’s a very, very real risk of a medical condition not being disclosed.’
Asked about the cost of changing the system so GPs may inform DVLA officials of any concerns, he said: ‘I wouldn’t want to put a cost on public safety.’
Earlier, the inquiry heard that Mr Clarke had a history of health i ssues such as f ainting and dizziness dating back to the 1970s, including falling unconscious at the wheel of a stationary bus in 2010.
Professor Rankin told the court that when he met Mr Clarke in February he told him he had not fainted in 2010, despite telling doctors at the time he had lost consciousness for five to ten seconds.
Asked by Dorothy Bain, QC, representing the family of Mrs Morton, if he had been given a ‘completely different’ account of the previous incident to that given to other doctors, Professor Rankin agreed.
Last week Mr Clarke was suspended from work by Glasgow City Council on a ‘precautionary basis’ ahead of a full investigation.
Mrs Morton, 51, and Miss Tait, 29, from Glasgow, and Gillian Ewing, 52, from Edinburgh, were killed as the lorry travelled along Queen Street and towards George Square before crashing into the side of the Millennium Hotel. Erin McQuade, 18, and her grandparents Jack Sweeney, 68, and Lorraine Sweeney, 69, from Dumbarton, also died from multiple injuries after being hit by the lorry.
Yesterday’s hearing came as it emerged that Mr Clarke is facing the threat of a private prosecution after the Crown Office refused to bring criminal charges against him.
Families of those killed in the tragedy are furious at the decision not to prosecute him and are considering ‘other legal avenues’.
Grieving relatives have been shocked by days of evidence that revealed how the 58-year-old driver lied repeatedly on job applications about his history of dizziness and blackouts behind the wheel.
On Sunday, they voiced concern that the inquiry into the disaster was being used to ‘justify’ the decision not to bring a criminal case.
A close family source said last night: ‘ This FAI has raised more questions than answers. The families are entitled to justice and they feel they are a long way from that.
‘This has been a devastating time for them and they must consider every legal avenue to ensure they get the answers they need. If that means looking at a private prosecution or a civil action then that is what they will do.’
The options available to the families include a private prosecution, which is relatively rare in Scotland, or pursuing Mr Clarke and anyone else they hold responsible through the civil courts.
The revelation will ramp up pressure on prosecutors who have endured criticism from relatives of the dead and from survivors of their surprisingly quick decision to rule out charging Mr Clarke with a serious driving offence before the start of the fatal accident inquiry.