Should Be Up On Manslaughter Charge

[joeluke]

I know it's been discussed previously but the prospect of this man escaping any kind of justice seriously winds me up.

He repeatedly lied to his employers about his health issues, he should never have been behind the wheel of ANY vehicle, killed 6 people and injured numerous others.

http://www.dailymail.co.uk/news/article-3349005/Glasgow-bin-lorry-driver-Harry-Clarke-repeatedly-lied-health-order-jobs-fatal-accident-report-rule.html

[Buenchico]

As he gave evidence to the enquiry under the assurance that there would be criminal prosecution in relation to the accident, a court would almost certainly throw out any charges now brought before him based upon that evidence.

However he can still be charged with 'fraud by false representation' (under Section 2 of the Fraud Act 2006) and/or 'fraud by failure to disclose information' (under Section 3 of that Act) as there is prima facie evidence that he committed one or both of those offences in his employment application (and he would thus be guilty of those offences even if the accident had not occurred).

[jno]

I presume Buenchico missed out a "not" in his first sentence? I think he's facing civil acton now, though I don't suppsoe that will achieve anything more substantial than seizing assets he hasn't got around to hiding.

[Buenchico]

^^^Thanks for being observant, Jno. Yes, of course, there should be a 'not' in there.

(Typing with a cat half-sitting on the keyboard isn't easy, you know!)

[Peter Pedant]

Buenochico _ hi Chris ! - typing whilst stroking his pussy -
Dirty Boy !

there is a difficulty in showing causation - that his lying caused the damage

I am not sure if the fraud charges would stick - oh actually on 2nd thoughts he did get a financial gain .... his empoyers are leaning over backwards to say he still would have beeln employed....

[Quizmonster]

Apart from at the driving test itself, does anyone ever actually have to prove they can read a number-plate from a given distance? I know people with health defects have to renew licences at times and the forms for doing so contain a question to that effect about eyesight.
One wonders how many thousands are driving merrily - just like Harry Clarke - who are no longer visually "qualified" to do so.

[viv41]

If I was a relative of one of the people killed, I would never let this go and do my best to get some sort of justice for them.

[murraymints]

the family has now instructed a private law suit and I for one am happy to donate to any fund

[viv41]

Good for them, hope they get somewhere.

[Zacs-Master]

As it has emerged that he apparently failed to declare previous black outs, I would imagine his former employers GCC /First Bus / Caledonian Brewery, may be partly responsible for either not taking up references, or not declaring the incidents if they were asked for references. I'm sure barristers are looking into all possibilities.

[murraymints]

zac..he failed to report ANY previous problems..absolutely scandalous....ps..how's mum ?

[Pete65]

It is worse than "failing to declare".
He did "declare", and declared he never had any medical issues at all.

[youngmafbog]

It's a pity a few more of the WSS in this country dont have the same work ethic as this man.

I'm not condoning what he did at all, but he at least wanted to work not sponge off everyone. I doubt very much he intended for all this to happen.

[Zacs-Master]

Sorry minty. Hadn't seen your 11:11 post. Mum is just fine thanks. Getting out and about which is good. How is your mum coping?
(Apologies for the hijack Joe).

[ummmm]

I think my sympathies would lie with the families of his victims.

[jno]

"I'll work if it kills me" is a noble aspiration. "I'll work till I've killed a few other people" isn't quite so admirable. Perhaps if he was so keen to make money he should have found a job he was fit to do?

[viv41]

jordy, I would most definitely be 'baying for blood' if his actions had killed a loved one of mine !!

[gina32]

JNO, Totally agree