The family of Jacqueline Morton, one of six people killed in the Glasgow bin lorry crash, has requested a three-month adjournment to the fatal accident inquiry to pursue a private prosecution of driver Harry Clarke. Lawyers for the family told Glasgow Sheriff Court they want to take legal action after the Crown Office decided not to prosecute Clarke for allegedly failing to disclose his medical history.
Clarke, 58, who lost consciousness at the wheel in December, is due to give evidence this week. However, he may refuse to answer questions about his alleged failure to inform medical examiners and employers about previous blackouts if he fears his testimony could be used in a private prosecution. Sheriff John Beckett delayed a decision on the motion until Thursday, noting its profound implications for the case.
The inquiry has heard that Clarke had a history of dizzy spells and fainting, including an incident while driving a bus that he did not disclose to the DVLA or on job applications. Ronnie Clancy QC, representing Clarke, said his client supported the adjournment to answer all questions but also had the right to privilege against self-incrimination.
The motion caused a split among victims' families, with Stephenie Tait's family and the Solicitor General opposing the move, while Gillian Ewing's family supported it. Dorothy Bain QC, for the Mortons, said the family needed certainty on whether a private prosecution would be allowed before Clarke gives evidence, to avoid key questions being left unanswered.
