Glasgow Bin Lorry Crash: Family Intend To Prosecute Driver

[mikey4444]

http://www.bbc.co.uk/news/uk-scotland-glasgow-west-33959101

Is it just me or has this carried for too long ? Its obvious what happened....the driver blacked out and he killed the 6 people. Its now apparent that he shouldn't have been driving in the first place.

[Pete65]

The puzzle to me is, why was the decision not to prosecute taken before the enquiry started?
It became very clear last week, that the system in place for granting drivers licences is woefully inadequate and open to abuse.

[naomi24]

I imagine that before any further action could be taken it had to be formally established that the driver wasn't fit to drive.

[EDDIE51]

It should not have to be down to the family. The driver should have been prosecuted for obtaining a licence by deception , or what ever the offence is. He knowingly applied for a driving job when he was suffering from blackouts.
He had already been sacked from a job as a bus driver for blacking out at the wheel.

[mikey4444]

I think its a disgrace that the families of the dead and injured should even be considering a private prosecution, because the official system has failed them.

And this, as you say Pete, is inexplicable ::

"Scotland's Crown Office stated in February that it would not bring criminal proceedings against Mr Clarke over the incident, which it said was a tragic accident"


It was an accident waiting to happen, not some bolt out of the blue or an "Act of God"

[douglas9401]

As I recall the decision not to prosecute was taken because the driver was unconcious and therefore couldn't be held responsible.
Subsequent information has revealed that this was not an isolated incident and may suggest that the massive brains at the Fiscal's office jumped the gun with their announcement.
It's maybe obvious now, Mikey, but that's because the enquiry has uncovered relevant facts using, errr, time to investigate properly so yes, it's just you.

[mikey4444]

Dougie....Perhaps the decision to prosecute or not should have been left until all the facts were known, and in February when the decision was made, they weren't.

And that is my point...this whole affair has been handled ***-backward.

[EDDIE51]

^^ The investigation found that the driver had committed a criminal offence by not revealing that he had been sacked from a driving job due to blacking out at the wheel. There are a lot of people at fault. The driver, the person who gave him the job without a proper check on his past employment and the previous employer for not reporting him to the DVLA who would have revoked his bus drivers / HGV licence. I also can not understand why there was not a criminal prosecution once the facts were known.

[youngmafbog]

The problem is with incidents like this is the media, and public, are clamoring for answers. Often answers that cannot be available immediately, but waiting is not an option for the media is it.

[andy-hughes]

No-one would argue that this has been a dreadful business for all concerned.

If the criminal law dictates that proceedings are not possible, then that is the law as it stands.

I can fully appreciate the desire of one of the involved families to try and obtain what they perceive as a level of justice, but I suggest it will be a Phyrric victory - the driver probably has no money, which is all the family could reasonably expect as a result of a court victory, which is of course by no means assured.

A terrible business for a number of reasons - not least the inability of the appropriate council authority to licence its vehicle drivers properly.

[Pete65]

I agree, Mikey.
But, a terrible tragedy for all concerned.

[mikey4444]

Is it any wonder then, that some the families are considering a private prosecution ? They appear to have been denied justice but an inept legal system, and this may now be their only option.

[mikey4444]

For but, read by.

[vulcan42]

Are the rules in Scotland different? In England form D4 (medical assessment form) is filled in by your own Doctor and an optometrist, fits and seizures are checked. This man has never attended his doctor regarding his black outs , the Doctor's records are incomplete or some hookery has taken place.

[mikey4444]

vulcan....and yet, no prosecution is going to take place !

I wish someone could explain to me how we ended up in this mess in the first place.

[Arrods]

AH - presumably the desire for a private prosecution is to seek a criminal prosecution. Unless things are different in Scotland, presumably the local authority's insurers will deal with the matter of a civil liability claim for the families' losses. What a dreadful business.

[Pete65]

A dreadful business indeed!
And how will the insurers view the fact that at the enquiry it has came out that there are falsehoods on the driver's licence application form.
Will that effectively void the insurance?

[Arrods]

No, the insurance can't be voided - though the insurer would be entitled to seek recovery from the liable party. It's just possible, as a local authority, that they are not insured and deal with all their own claims.

[TWR]

Although this driver will have to live with the life's he has taken, he was way out of order by still driving the HGV, although there was a separation bar between the drivers seat, a worker in the rear could have reached the handbrake, I have driven the likes of the DAF HGV that was involved, the only difference was the one I drove was an Artic but the same setup.