OUR ONE HOPE OF GETTING JUSTICE
Families of bin lorry victims launch private prosecution against driver
THE families of victims killed in the Glasgow bin lorry crash are to launch a private prosecution against the driver as ‘their last hope for justice’. The relatives have been shocked by the evidence given to a fatal accident inquiry.
Witnesses have revealed how 58-year-old Harry Clarke lied repeatedly on job applica- tions and to the DVLA about his history of dizziness and blackouts behind the wheel.
The families are furious at the Crown’s decision not to bring charges against Mr Clarke. Yesterday, they announced plans to seek to raise a private action against him – an exceptionally rare move in Scots Law.
In a morning of high drama at Glasgow Sheriff Court, lawyers representing five of
the six victims of the December 22 tragedy backed a motion to adjourn the inquiry to give lawyers time to prepare a private case.
An adjournment could throw the immediate future of the inquiry into doubt and leave it facing months of delay.
Leading calls f or the adjournment, Dorothy Bain, QC, for the family of victim Jacqueline Morton, said: ‘From the Morton family perspective, the motion that is made this morning is most regrettable but they feel they are in an impossible situation.
‘If the inquiry proceeds now and Mr Clarke does not answer questions, they will feel deeply frustrated and genuinely feel justice has not served them well.’
The Morton family was backed by lawyers representing four of the other five victims who were killed three days before Christmas when Mr Clarke collapsed at the wheel of his lorry and veered onto a pavement packed with shoppers.
The move follows confirmation from the Crown Office last week that it would not prosecute Mr Clarke. The DVLA has also said it will not be taking any action against him.
A source close to one of the families said: ‘A private prosecution represents their last hope for justice. They feel all other options have been denied and they have been forced into it.’
Only two private prosecutions have been brought in Scotland in more than 100 years. The families will face major legal and financial hurdles before any case is heard by the High Court.
One major problem will be funding the action, which experts believe could run to six figures, as legal aid is not available for private prosecutions.
Miss Bain acknowledged it may take up to three months to establish whether the families can secure funding to proceed.
Jack Sweeney, 68, his wife Lorraine, 69, and their 18-year- old granddaughter Erin McQuade, all of Dumbarton, were among those killed. Gillian Ewing, 52, from Edinburgh, and Miss Morton, 51, and 29-year-old Stephenie Tait, both of Glasgow, also died.
Alistair Forsyth, for the Ewing family, said they ‘associated’ with the motion put forward by Miss Bain. Mark Stewart, QC, for the family of Miss McQuade and her grandparents, said they reserved the right to prosecute anyone ‘carrying personal responsibility’ for the tragedy.
But Ronald Conway, for the family of Miss Tait, said they would not be involved in any private prosecution as they felt the public interest would best be served by continuing with the inquiry.
The motion was brought before Mr Clarke is called to give evidence to the inquiry, as the prospect of a private prosecution means he would require to be warned that he does not have to answer any questions that might incriminate him.
The move was supported by Ronnie Clancy, QC, for Mr Clarke, who told the court his client ‘wants to answer all questions put to him at the inquiry’ but that he was entitled to ‘privilege against self-incrimination’.
Solicitor General Lesley Thomson, QC, who is leading the inquiry, said a private prosecution was ‘a rare and exceptional beast’ and the development would need to be considered by the Crown.
She said the driver ‘ may not answer all questions if warned not to incriminate himself’ and added: ‘Clearly, all the families want to hear from Harry Clarke.’
The inquiry will hear from the remaining witnesses before Sheriff John Beckett, QC, makes a decision on Miss Bain’s motion on Thursday.
‘An impossible
situation’