Glasgow Bin Lorry Crash Family Go To High Court
29 January 2016, 14:27
Papers have been lodged in court as part of moves to bring a private prosecution against Glasgow bin lorry crash driver Harry Clarke.
Lawyers for the family of victims Jack and Lorraine Sweeney and their granddaughter, Erin McQuade, submitted the Bill for Criminal Letters this week at the High Court in Edinburgh.
The Crown Office confirmed earlier this week that it would not grant approval to the plans as Lord Advocate Frank Mulholland declined to support the prosecution.
Judges will now rule on whether it will go ahead.
The Scottish Courts and Tribunals Service (SCTS) also confirmed papers were received in a bid for a private prosecution submitted by the families of two young students knocked down and killed in Glasgow.
Mhairi Convy, 18, and Laura Stewart, 20, were walking in North Hanover Street on December 17 2010 when a Range Rover apparently lost control, mounted the kerb and hit them.
A spokesman said: "SCTS can confirm that a Bill for Criminal Letters on behalf of Matthew McQuade, Jacqueline McQuade and Yvonne Reilly against Henry (Harry) Clarke and a Bill for Criminal Letters on behalf of John Stewart, Linda Stewart, Alan Convey and Aileen Convey against William Payne were lodged at the High Court of Justiciary at Edinburgh on January 27.
"The next stage is for the court to determine further procedure.''
Stephenie Tait, Jacqueline Morton and Gillian Ewing also died when the bin lorry driven by Mr Clarke went out of control in Queen Street in December 2014.
A fatal accident inquiry (FAI) held last year heard he lost consciousness at the wheel and that he had a history of health issues - including a previous blackout in 2010 when at the wheel of a stationary bus - but had not disclosed his medical background to his employers or the DVLA.
The Crown Office has consistently said there is insufficient evidence in law to raise criminal proceedings against Mr Clarke.
The Lord Advocate also said this week that he would not support a private prosecution of the driver involved in the 2010 crash.
A FAI was held in 2014 into the deaths of the two women and Sheriff Andrew Normand found five ''reasonable precautions'' could have prevented the accident, which happened after Mr Payne suffered a ''vasovagal episode'' and temporarily lost consciousness, losing control of the vehicle.
The families of Ms Convy and Ms Stewart have consistently called for Mr Payne to face a criminal trial and a Bill for Criminal Letters was sent to the Lord Advocate last week in the wake of the move by the families of the bin lorry crash victims.