The inquiry is being headed by John Beckett QC at Glasgow Sheriff Court, and has so far heard from representatives of the Health & Safety Executive (HSE), members of the collection crew present in the vehicle at the time of the crash, and medical professionals.
The inquiry, which began on July 22, has heard that the vehicle careered out of control close to Glasgow’s Queen Street hitting the six pedestrians, after Mr Clarke had allegedly lost consciousness at the wheel.
The 58-year-old will be called to take to the witness stand at Glasgow Sheriff Court on day 22 of the inquiry.
Earlier this year and again during the inquiry the Crown announced that it would not be raising any criminal charges against Mr Clarke following the disaster on December 22.
The family of Jacqueline Morton, one of the crash victims, have decided along with the family of Gillian Ewing to privately prosecute Mr Clarke.
It is understood the family of Jack and Lorraine Sweeney and Erin McQuade will also raise an action but Stephanie Tait’s family have said they will not be involved.
Adjournment
Earlier this week Dorothy Bain QC, for the Morton family, asked for an adjournment to allow them to pursue the private prosecution.
However, yesterday she withdrew the motion saying the family are finding proceedings “stressful and most worrying” and said it was with “serious and anxious reflection”.
As a result of potential proceedings at the High Court, Mr Clarke will be given a warning that he does not have to answer any questions that might incriminate him.
At the inquiry yesterday it was heard that he is entitled to not answer anything beyond giving his name, age and occupation.
Sheriff Beckett asked for any potential charges to be outlined to the court.
Dorothy Bain QC, for the Morton family, told the court she had compiled a table of “a range of possible criminal offences” committed by Mr Clarke.
She told the inquiry: “It is clear from all of the evidence in this case, Mr Clarke was unconscious at the time the bin lorry left the roadway and struck the pedestrians who were killed in this tragic case.
“But that is not a complete answer to whether or not he is guilty of a number of offences.
“I begin with causing death by dangerous driving.
“In my respectful submission driving whilst unfit to do so due to a medical condition can amount to dangerous driving.”
Medical condition
She also claimed that Mr Clarke knew of his medical condition.
Miss Bain said: “In that knowledge he has falsely represented firstly to First Bus in 2008 that he had no relevant medical history, secondly to Glasgow city council on a number of occasions that he had no relevant medical history and thirdly to DVLA on a number of different DVLA applications.
“He has failed to disclose relevant history which I say demonstrates on his part a knowledge that had he disclosed that relevant history he would not have been permitted to drive.
“That, in my respectful submission demonstrated that he knew in driving he was vulnerable to his condition that would render it unsafe for him to drive and unsafe for users on the road.”
The court heard that the warning that Mr Clarke will be given will apply to any possible charge that he may face.
Evidence
Solicitor General Lesley Thomson QC told the court that Mr Clarke is entitled to say nothing and said the warning covers the “whole scope of the evidence”.
The sheriff asked: “When you say the whole scope does that mean he doesn’t have to tell us his name?”
Mrs Thomson said: “In my submission he would be entitled to have regard to that warning and not answer anything beyond his name, age and occupation.”
She said she agreed with others that it is choice what he answers adding: “I intend to ask him on every single matter on which I would like an answer, whether I get an answer or not and that will take some time.”
The inquiry before sheriff John Beckett QC continues today at 11am.
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