Crown Office criticised for ‘jumping gun’
A FORMER senior prosecutor has criticised the Crown Office for having “jumped the gun” in deciding not to charge the driver at the centre of the Glasgow bin lorry tragedy.
Brian Mcconnachie QC said there was sufficient evidence to launch a prosecution against Harry Clarke and questioned whether prosecutors felt rushed to rule out such a course of action because of the nature of the incident.
Mr Mcconnachie, who was principle advocate depute prosecutor in the Crown Office between 2006 and 2009, said that the evidence emerging from the fatal accident inquiry meant that his former employers had questions to answer.
He told BBC Scotland: “On the basis of what we have heard from the inquiry, it does seem to be the case that they have very much jumped the gun in making the decision not to prosecute the driver.
“I don’t know whether they felt there was some urgency because of the circumstances of the tragedy that happened, that caused them to take that decision so quickly.
“But with hindsight, I would be very surprised if they are not now thinking that it was not perhaps their best idea.”
The Crown Office announced two months after the December 2014 incident that no charges would be brought against Mr Clarke or his employers, Glasgow City Council.
Mr Clarke has declined to answer questions at the FAI relating to his medical and employment history in case he incriminates himself.
Mr Mcconnachie said this could have been avoided by prosecuting Mr Clarke and allowing a jury decide if he was guilty of any charge before holding an FAI.
A spokesman for the Crown Office said: “It is clear on the evidence at the time that the driver lost control of the bin lorry, resulting in the tragic deaths, he was unconscious and therefore not in control of his actions.
“He did not therefore have the necessary criminal state of mind required for a criminal prosecution. This still remains the case.”