Victim’s family call for private prosecution in England as Scotland will not bring charges
The family of one of the victims of the Glasgow bin lorry crash has called for private prosecution against the driver, after the Crown court ruled he would not face criminal charges in Scotland.
The inquiry into the crash has heard that driver Harry Clarke lied about a previous incident of blackout on his health assessment forms, and references sought from his previous employers were not “held on file”.
Six people died and 10 more were injured when Clarke, a bin lorry driver employed by Glasgow City Council, crashed into pedestrians in Glasgow city centre on 22 December 2014.
The Crown office in Scotland ruled in February that the driver or his employers would not face criminal prosecution in Scotland.
In a statement, the Crown Office said: "Crown Counsel have concluded that the driver of the lorry should not be prosecuted in respect of this tragic incident.
"Despite its catastrophic consequences there is no evidence to suggest that the driver's conduct at the time amounted to a breach of the criminal law.
"There is no evidence to support a prosecution of Glasgow City Council in respect of any health and safety concerns breaches in health and safety law.”
But in a statement from the lawyer representing the family of victim Jacqueline Morton, they said: “We do not accept that the Crown were in possession of all relevant information when the decision not to prosecute Mr Clarke was announced.”
During the inquiry, the Counsel heard evidence from Geraldine Ham, HR manager at Glasgow Council, who said that references from previous employers were sought during the job application process, and a council manager was said to be “satisfied” with them. But the council had since then “not been able to find them".
The inquiry also heard from Clarke’s previous employer, First Bus, who stated that the driver had blacked out while unwell at a bus stop in 2010. Clarke’s "employee exit form" completed on leaving First Bus in December 2010 said he was "suitable for re-engagement".
Following the media coverage of the inquiry, a debate has raged on various online forums over the employer’s liability in such cases, and whether up-to-date HR records could have prevented Clarke from getting behind the wheel.
Laura F, an HR professional, tweeted: “Glasgow bin lorry inquest is stark reminder of potential consequences of inadequate HR records.”
Commenting on the People Management website Lesley Gibbons said: “Given the recent findings/pitfalls in the Glasgow bin lorry accident, it's imperative that that the drivers are vetted to ensure the safety of the public/passengers.”
Online debates questioned what further checks could have been done to stop Clarke from effectively “self-declaring” his fitness to work.
A Fatal Accident Inquiry (FAI) has been launched to determine the cause of the crash and what lessons can be learned.
Sheriff John Beckett, who is hearing the FAI, said: "Normally, if a person is clearly told by the Crown that he will not face criminal proceedings, then he will not face criminal proceedings.
"However, there have been rare instances where private individuals have been allowed to bring a private prosecution in the High Court,” he added.