Bin crash ruled an accident ‘in hours’

Inquiry told decision was not ‘hasty or ill-advised’

THE Glasgow bin l orry tragedy was ‘ written off ’ within hours as a road traffic accident before investigators had seen driver Harry Clarke’s shocking health history, a f atal accident inquiry has heard.

The inquiry was told that it was decided the day after the crash, which killed six people, that the police would investigate the matter as a simple accident rather than a more serious criminal probe.

Barry Baker, a senior health and safety inspector, denied the decision was ‘hasty and ill-advised’, or that Mr Clarke’s medical records ‘could have had a bearing’ on whether the Health and Safety Executive became involved.

GP records detailing a catalogue of dizzy spells and blackouts suffered by Mr Clarke, 58, over a 40-year period were not accessed by the investigation until around January 7, the inquiry was told. The accident took place three days before Christmas.

Mark Stewart, QC, lawyer for three of the victims, suggested if Mr Clarke had had a ‘series of epileptic seizures or a heart attack that were identifiable by his medical records that it might give rise to a breach of health and safety at work’. Mr Baker conceded ‘it might’.

Mr Stewart put it to him: ‘What the people listening to this inquiry and his lordship might have difficulty in understanding is if this man’s medical records were not obtained until January 7 or thereby, then it would seem impossible for that matter to be ruled out on any definitive basis.’

Mr Baker, 50, replied: ‘No, I think it was deemed to be a road traffic accident.’

Glasgow Sheriff Court has already heard that Mr Clarke, who is facing a private prosecution by the relatives of his victims, had failed to disclose his history of fainting to the DVLA or on job application forms to the city council.

Mr Stewart asked: ‘This incident was written off within 30 hours by a group who convened without the benefit of what could have been significant information in relation to this particular driver or this particular incident that could have had a bearing on the issue of a contravention of the Health and Safety at Work Act?’ Mr Baker replied: ‘I would disagree.’

The court has heard the decision to allow the police to take charge of the investigation was taken the day after the crash at a meeting involving senior officials from the police, the Crown Office, the HSE and Glasgow City Council.

Jack Sweeney, 68, his wife Lorraine, 69, and their 18-year- old granddaughter Erin McQuade, were all killed when the bin lorry driven by Mr Clarke veered onto a pavement packed with shoppers.

Gillian Ewing, 52, Jacqueline Morton, 51, and Stephenie Tait, 29, also lost their lives. Mr Stewart, who represents the Sweeney and McQuade families, suggested that categorising it as a road traffic accident could seem ‘hasty and ill-advised’.

Mr Baker replied: ‘I disagree that it was hasty. It was clearly a road traffic accident. It was investigated by the correct regulators.’

The inquiry, before Sheriff John Beckett, QC, continues.