But, a prosecution outside of Scotland is still a possibility, the inquiry has heard [For details of this possibility, see separate letsrecycle.com story].
And, the inquiry has heard that the driver said he heard the words “wake up”.
Prosecution?
Yesterday the inquiry heard that it was decided in February this year that Henry Clarke – also known as Harry – was told he would not face prosecution over the disaster last December.
Yesterday (Wednesday 12 August) sheriff John Beckett QC asked solicitor general Lesley Thomson QC about Mr Clarke’s legal status in relation to other matters.
He told the inquiry: “It has been reported in the media that lawyers gave a statement on behalf of some of those represented at this inquiry indicating that their clients are of the view that the Crown erred in reaching its decision not to prosecute Mr Clarke in relation to the fatal accident on December 22.”
He added that it was reported that a private prosecution may be considered and asked the representatives of the families to indicate their plans before Mr Clarke gives evidence.
If there is the potential for other charges to be brought against him, Mr Clarke will require to be given a warning that he does not have to answer any questions that might incriminate him.
The sheriff said: “In the course of the inquiry evidence has been lead which might suggest that a crime of fraud had been committed or attempted in a number of potential scenarios.”
The solicitor general told the court: “I consider that the scope of the decision in February in respect of this tragic incident extends to all aspects of the manner of Mr Clarke’s driving on December 22 as well as information previously provided to doctors and the DVLA and Glasgow City Council in respect of an incident on April 2010 when he was employed by First Bus. ”
Paul Kavanagh, the solicitor for the families of Jack and Lorraine Sweeney and Erin McQuade said that they are “not surprised and remain disappointed” at the decision.
The inquiry at Glasgow Sheriff Court into the deaths of six people who died on December 22 last year, days before Christmas started on July 22, exactly seven months after the crash.
The six were killed when a bin lorry careered into them on Glasgow’s Queen Street.
Jack Sweeney, 68, his wife Lorraine, 69, and their 18-year-old granddaughter Erin McQuade, all from Dumbarton, were among them.
Gillian Ewing, 52 , from Edinburgh, Jacqueline Morton, 51,and 29-year -old Stephenie Tait from Glasgow also tragically lost their lives.
The cause of death for all six was “multiple injuries due to a road traffic collision” which was read to the court as part of a joint minute.
The inquiry heard from doctor John Paul Leech, a consultant neurologist who specialises in epilepsy.
He saw Mr Clarke on December 24, last year, who denied any previous blackouts or loss of consciousness.
Dr Leach said Mr Clarke described driving from Argyle Street on to Queen Street around 2pm.
He said Mr Clarke then described his next memory of “coming to” after he crash.
“Wake up”
Referring to notes made at the time he said Mr Clarke remembered hearing “wake up” as though it was “in the distance” and that it was someone speaking to him from the back of the cab.
It was also noted that Mr Clarke didn’t know how long it was until he got out ofthe cab but he was able to walk.
The inquiry also heard from Dr Gareth Parry, a senior medical advisor to DVLA had made the decision to give Mr Clarke his licence back in April this year.
Solicitor general Lesley Thomson QC put to the witness: “On April 28 2015 when Mr Clarke is told that he’s satisfied the medical standards for safe driving and issued a car and motorcycle licence and lorry and bus licence, back to him.
“That was your decision.”
He replied: “Yes that’s correct.”
The inquiry heard that the police told Dr Parry in January this year there had been a previous episode.
Dr Parry said: “When it was mentioned to me in a discussion there had been a previous episode in 2010 I was given no more detail than that.”
He added: “There’s no mechanism within DVLA to deal with that form of notification.”
Mrs Thomson said: “That seems to be completely wrong.”
Dr Parry replied: “I would agree.”
Difficult
Mrs Thomson suggested that the public will find it “difficult to understand” how DVLA took the decision from a safety point of view after the incident in 2014 that this driver could be back on the road.
He said: “I appreciate that” and added that the DVLA has to be “content” that the licence decision is appropriate for the individual and road safety.
The inquiry heard that further medical information became available to DVLA, Dr Parry then got back in touch with Mr Clarke to inform him that his licences were being revoked.
The inquiry before sheriff Beckett QC continues.
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