Private prosecution hearing against bin lorry driver Harry Clarke to run for a third day

Three judges will sit for a third day to hear legal submissions on whether the relatives of the six people struck by a bin lorry can bring a private prosecution against the vehicle's driver Harry Clarke.

bin lorry crash
Published 15th Sep 2016

Three judges will sit for a third day to hear legal submissions on whether the relatives of the six people struck by a bin lorry can bring a private prosecution against the vehicle's driver Harry Clarke.

Judges Lady Dorrian, Lord Menzies and Lord Drummond Young will hear legal arguments about whether Mr Clarke should be prosecuted at the High Court in Edinburgh on Friday.

The judges were addressed on Thursday by Dorothy Bain QC - the advocate representing the relatives of those who perished in the December 2014 incident.

The content of Ms Bain's submissions cannot be disclosed for legal reasons.

However, the proceedings were brought by the relatives of those who lost their lives after being struck by a bin lorry being driven by Mr Clarke.

The former Glasgow City Council employee was behind the wheel of the large lorry which struck six people in Glasgow City Centre on December 22 2014.

Student Erin McQuade,18, and her grandparents 68-year-old Jack and 69-year-old Lorraine Sweeney lost their lives in the incident.

The other people who died were Stephanie Tait,29, Jacqueline Morton,51, and 52-year-old Gillian Ewing. Crown Office lawyers decided not to prosecute the 59-year-old driver on the basis that he had a medical condition which caused him to lose consciousness.

The relatives of Erin McQuade, and Jack and Lorraine Sweeney believe prosecutors were mistaken not to bring Clarke to court.

The families believe there is enough evidence to justify Mr Clarke, of Glasgow, being prosecuted for alleged criminality in the lead up to the crash.

They are currently seeking the permission of the High Court to bring a private prosecution against Mr Clarke. The relatives are being joined by the families of students Mhairi Convy and Laura Stewart, who were knocked down and killed in Glasgow in 2010.

The two women, who were aged 18 and 20, were walking in the city's North Hanover Street when a Range Rover being driven by William Payne mounted the kerb and hit them.

Again, the procurator fiscal chose not to prosecute Mr Payne on the basis that he also had a medical condition which caused him to lose control of his motor.

The relatives of the two young women also want to bring a private prosecution against Mr Payne. Lawyers acting for the relatives have brought a Bill Of Criminal Letters - the legal expression given for private prosecutions in Scotland.

The hearing - which was expected earlier this week to take two days - will continue on Friday morning at 10.30am.