Families of girls killed by driver in 2010 say Crown could have prevented Glasgow bin lorry crash

Laura Stewart, 20, and Mhairi Convy, 18, were killed after being struck by a Range Rover in Glasgow five years ago when driver William Payne passed out behind the wheel.

It later emerged Mr Payne had failed to notify the DVLA of a history of unexpected blackouts.

The families of Miss Stewart and Miss Convy have now called for Lord Advocate Frank Mulholland to resign, claiming misconduct and mistreatment during the FAI and suggesting the prosecution of Mr Payne could have prevented the Glasgow bin lorry crash last year.

Catherine Cairney, aunt of Miss Stewart, told The Herald on behalf of both families: “Our girls were killed in 2010, when the driver of the bin lorry was applying for his job with the council.

“What we feel is that if the Crown had done the job it should have, surely that would have sent a warning to other drivers they can’t lie and get away with it and would make them think twice about doing it. We firmly believe that could have saved lives.”

Harry Clarke, the driver involved in the Glasgow bin lorry crash, is currently at the centre of a fatal accident inquiry (FAI) into the incident. He has already been told that he will not face prosecution by the Crown Office.

However, the Crown had not yet reached a decision on prosecution when an FAI began looking into Mr Payne last year.

Lawyers now believe Mr Payne refused to co-operate fully during FAI proceedings because he feared incriminating himself. The Crown eventually decided in March that Mr Payne should not face charges.

Colin Moffat, the lawyer representing the Stewarts, said: “I think questions need to be asked about the resourcing that the Crown put into investigating these two cases.

“From my client’s point of view, Laura and Mhairi were waiting more than four years for a decision to be made, yet a decision has been made within months.”

The families’ complaints are currently being investigated.

A spokesperson for the Crown Office told The Herald: “The Solicitor General met both families last month and agreed to consider all of the issues which they raised with her.

“That process is under way and will result in a further meeting between the Solicitor General and the families once it has concluded.

“There will no further comment on this matter until that meeting has taken place.”