Yesterday (February 25) Scotland’s Crown Office & Procurator Fiscal Service (CoPFS) ruled that there was no evidence to support a prosecution against the council ‘in respect of any Health and Safety concerns’ or breaches in Health and Safety law.
CoPFS also ruled that there was no evidence to suggest that the driver’s conduct amounted to a breach in criminal law. Local news reports this month named the driver as 58-year-old Harry Clarke.
The ruling follows a full inquiry into the incident by Police Scotland, a report on which was submitted to the Crown Office on January 29.
The crash occurred on a busy shopping street days before Christmas (December 22), and resulted in the deaths of six pedestrians and saw ten others hospitalised.
In a statement yesterday, CoPFS said: “Crown Counsel have concluded that the driver of the lorry should not be prosecuted in respect of this tragic incident.
“Despite its catastrophic consequences there is no evidence to suggest that the driver’s conduct at the time amounted to a breach of the criminal law.
“There is no evidence to support a prosecution of Glasgow City Council in respect of any Health and Safety concerns breaches in Health and Safety law.
“Crown Counsel have decided that a Fatal Accident Inquiry should be held into the causes of this tragedy to ensure that there can be a full public hearing of the facts of the case.”
The Crown Office will petition the court within two weeks of today’s decision to hold an FAI to ensure that the inquiry is held as soon as possible.
Investigation
The specialist Scottish Fatalities Investigation Unit (SFIU) within Crown Office has been responsible for overseeing the investigation into the deaths which occurred as a result of the Glasgow bin lorry incident.
David Green, head of the Scottish Fatalities Investigation Unit, will now lead the preparation for the FAI.
A Fatal Accident inquiry is held into cases where a death or deaths were sudden, suspicious, or unexplained or occurred in circumstances such as to give rise to serious public concern and where it appears to the Lord Advocate to be appropriate that an Inquiry should be held into the circumstances.
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