Why was FAI held, what did it achieve and what happens next?

Why was the FAI held?

IN February, the Crown Office said Harry Clarke, the driver of the bin lorry, would not be prosecuted. An FAI was set up to look into the driver’s medical background, his fitness to hold a licence and his employment record and training. It was also designed to examine whether anything could have been done to bring the lorry to a controlled stop and explore the route it took, as well as considering technical aspects of the vehicle itself.

What happens next?

The Sheriff “does not intend to rush to judgement” and said he will take at least two months to review the 24 days of evidence and four days of closing submissions before publishing his written determination. While he is doing so, some of the families of the victims intend to pursue a private prosecution against Mr Clarke.

What is a private prosecution?

It is a criminal prosecution brought by an individual or private organisation rather than by Scotland’s prosecution service, the Crown Office and Procurator Fiscal Service. Private prosecutions are extremely rare in Scotland. Permission has only been granted for two such prosecutions since 1900.

Who is seeking to bring it?

Dorothy Bain QC, the lawyer representing the family of 51-year-old crash victim Jacqueline Morton, told the inquiry her family intends to pursue a private prosecution against Mr Clarke. Ms Bain has previously worked as a Crown prosecutor.

What effect did it have on the FAI?

When he came to give evidence to the inquiry, Mr Clarke was told by Sheriff Beckett that he did not have to answer any questions which might incriminate him. He answered a series of questions, saying: “I don’t want to answer that’’ or ‘’no comment’’.