Bin lorry crash victim’s family to apply for private prosecution

Dorothy Bain QC, acting for the family of Jacqueline Morton, yesterday asked for the inquiry at Glasgow Sheriff Court, now in its fifth week, to be halted so they can bring forward an application for private prosecution against driver Harry Clarke.

Ms Bain suggested the inquiry could adjourn for a period of three months, allowing enough time for the application to be considered by the High Court.

It comes after the Crown Office was forced to defend its decision not to prosecute 58-year old Mr Clarke in the wake of evidence showing he may have lied to the DVLA about previous blackouts at the wheel.

Solicitor General Lesley Thomson QC said Ms Bain’s motion would be revisited on Thursday after the inquiry hears evidence from the other remaining witnesses.

Sheriff John Beckett QC, who warned that the move would have “profound implications” on the outcome of the inquiry, said he could continue to hear evidence from other witnesses while the High Court considers the application.

Alistair Forsyth, acting for the family of Gillian Ewing, said the family would be giving its support to Ms Bain’s motion.

However, Ronald Conway, acting for the family of Stephenie Tait, said they would not pursue a private prosecution and wanted to focus on resolving the “systemic failures” uncovered by the inquiry.

The inquiry continues.