The solicitor general’s submissions came after earlier in the day victims had made statements and a 14-year-old girl described the incident (see below).
Lesley Thomson QC, the solicitor general, went over much of the evidence covered in the inquiry since it started last month, exactly seven months after the disaster, including medical evidence.
The inquiry has heard that the driver Harry Clarke, 58, blacked out at the wheel of a bus in April 2010 when he was a bus driver.
In evidence it was heard Mr Clarke told GPs at his doctor’s surgery that he fainted in a canteen, but told an occupational health doctor, Kenneth Lyons it was while seated on a stationary bus.
Some details were noted by bus inspector John Stewart, shortly after the incident claiming a passenger told him what happened, and that Mr Clarke then said he blacked out.
After receiving a report from Dr John Langan, a GP at his practice, saying Mr Clarke passed out while waiting for lunch in a hot environment and that he was fit to work, Dr Lyons told bosses he could return to work in April 2010 as a bus driver.
Mrs Thomson said it would have been a “reasonable action” for Mr Clarke to “provide the same account” to doctors in relation to the incident April 2010.
She also said it would have been reasonable “for Dr Lyons to have requested the incident report from First Bus” and “for Dr Lyons to provide Dr Langan with a full medical history of the incident in April 2010 that he had obtained from Mr Clarke “.
She added: “Because not to do so was a missed opportunity for two doctors to get a clear understanding of the circumstances.”
The inquiry heard that Dr Langan when he received information from Dr Lyons, should have enquired about the “clear discrepancy” over where the incident took place.
It was heard that on April 29, 2010 after receiving information from Dr Langan indicating Mr Clarke was fit for work, Dr Lyons said he could return.
Mrs Thomson also said: “Dr Lyons should not have on reaching a conclusion on April 29, accepted the view of Dr Langan in place of his own view.”
And, that Dr Lyons should not have deemed Mr Clarke fit for work until DVLA had been notified.
Road rage
During the inquiry there was a “road rage” incident mentioned when a member of the public claimed they saw a bin lorry driver on the day of the incident sounding his horn and “gesticulating”.
In evidence Mr Clarke denied it was him and his colleagues said that it wasn’t the type of thing he would do.
There was also three unopened bottles of beer found in the truck after the incident that Mr Clarke said was a gift from shop owners.
Mrs Thomson, while addressing the court said that these matters were irrelevant to the inquiry.
Anyone who holds an HGV licence and is over 45 has to renew their licence every five years with DVLA and to do so a medical form, called a D4 is completed by a medical practitioner but does not have to be the person’s GP.
It was heard that in December 2011, Mr Clarke told Dr Joanne Willox he hadn’t suffered any faints or blackouts in the previous five years and there was no way of Dr Willox to check this information.
Mrs Thomson said that there is currently a “missed opportunity to correct medical information provided” if not carried out by the applicant’s driver or by someone with access to medical history.
DVLA
Also in relation to the current DVLA guidelines used by medical professionals to refer to and give advice about, it was heard that these should change.
Mrs Thomson said it was her submission that the inquiry “exposed serious issues with the workability and user friendly nature of the guidelines.”
She added: “In my submission DVLA should undertake the exercise of reworking and restructuring the guidelines with a view to making them more understandable to the medical profession.”
She added that the DVLA would require to “have the will to indicate that changes were appropriate” and that “such will might be influenced by recommendations made at FAIs such as this one, but it has to start somewhere”.
Victim statements
Earlier in the day victim statements were heard.
A 14-year-old girl who was hit and dragged along by the bin lorry told herself “please don’t let me die” during her ordeal, the fatal accident inquiry heard.
At the court victim impact statements on behalf of Alix Stewart and from Irene McAuley, Marie Weatherall and Elaine Morrell who were all injured during the bin lorry disaster.
Basketball player Alix Stewart who was 14 at the time was hit at Royal Exchange Square and dragged to George Square by the 26 tonne truck.
Her dad Colin wrote a statement for the inquiry about his daughter’s involvement in the incident.
He said: “She was hit by the bin lorry at Royal Exchange Square and dragged under the lorry all the way to George Square along Queen Street.
“When Alix was hit she sustained a number of injuries, very serious injuries.”
She suffered serious injuries including “road tattoos”, cuts to her back and sides and her right ear was torn off and she broke her left leg.
Alix also broke her collar bone and two ribs and three bones in her spine and the skin on her back was scraped off.
When she was taken to hospital she had three operations in a seven hour period.
The court heard her ear was stitched back on and will receive treatment for the “road tattoos”, which are grit embedded under the skin.
There was concern her kidneys would fail but they have recovered and although work at 60 and 40 percent compensate for each other.
Mr Stewart said his daughter received physiotherapy and hydrotherapy.
He said: “She has been a keen basketball player from a young age and she wanted to return to her fitness as fast as possible.
“The Saturday before Alix made the Scottish basketball team.
“Alix was unable to return to basketball again for seven months.
“She has since returned to playing for her school team and she has been selected for the Scottish team once more.”
Mr Stewart said his daughter has returned to the scene and George Square “only once”
He added: “She is doing better well just now so we don’t talk about what happened to her.
“We don’t want to force her. I believe she will talk about what happened when she is ready.
“She has told us she doesn’t remember much about what happened, she can’t remember getting hit by the bin lorry but she can remember being dragged along the street saying to herself ‘please don’t let me die’.”
Injuries
Alix’s friend 18-year-old Irene McAuley also suffered serious injuries.
In her statement read to the court she said: “After I woke up on the road on Queen Street I was treated by quite a few people who came to help me then paramedics came to take me to the Royal Infirmary.
“I remember my left ankle and lower part of my leg was really sore, I kept on telling doctors when I was in A&E.”
She suffered a broken ankle and a blood clot in her left leg, and lost four teeth.
Bone was taken from her thigh and put in to her jaw to allow veneers to be attached to it.
Also a basketball player, Irene couldn’t play for six months and struggles now as her ankle swells up when she throws.
She said: “I still find myself being much more careful near roads.”
The inquiry heard she tries to avoid Royal Exchange Square but finds it difficult as she studies in Glasgow.
Irene also said in her statement: “In the weeks after I had nightmares about the crash but I still find myself having nightmares now and again, I don’t know when these will go but hopefully it won’t last.
“I also find when I am driving I visualise every crash I could be involved in.
“The crash I was involved in last year will stay with me for the rest of my life.
“I hope it won’t continue to affect me but I can’t say it won’t.”
Memory
Marie Weatherall spent four weeks in hospital and could only be released when someone could stay with her.
She suffered a break in her leg which punctured the skin.
She missed an opportunity to say goodbye to a friend who passed away and remembers feeling she was dead at the scene.
In her statement she said: “I have the memory of thinking that I was dead but I wasn’t.”
The court heard she wrote that the incident “had an impact on me but had a significant impact on my friends and family”.
She is still receiving treatment and goes for physiotherapy once a week as well as wearing a bandage on her left leg.
Marie broke her left arm and shoulder and has exercises to help her shoulder which is “still more forward than it should be”.
The inquiry heard she chipped teeth and her lip had to be stitched back together which has caused issues with eating and slurring her words.
Work to her mouth wasn’t covered by NHS and she said “I’m sure the bill was well over £300”.
She also said she suffered “financial hardship” as a result of buying new clothes and shoes and having to get taxis, as well as having to change her car to an automatic because she was having issues with the clutch.
Marie, 64, said in her statement: “I should say that during my time I was injured one of my close friends died of cancer before I had the chance to see her again.”
She also said she volunteered with groups linked with women’s aid and planned to do something similar in Glasgow but since the incident has “lost the confidence to pursue this”.
She added that she missed her granddaughter’s first Christmas too and said “I feel as if my life has been put on hold since the incident.”
Trauma
Elaine Morrell, 49, had four facial fractures and head trauma and had to have two surgeries and titanium plates put in the left side of her face.
She said in her statement: “The fracture to my eye has allowed my eye to sink back into the socket, this means my eyelid droops down.”
She also suffered whiplash injuries and still has a sore neck.
Elaine wrote: “For the first four months after the incident I avoided leaving the house.”
She said: “I’m starting to walk in Glasgow city centre with company but it has taken a long time to get to that stage.
“I have never suffered from anxiety before and was a very confident and outgoing person before the incident.”
Elaine still panics when she crosses roads and is starting to get closer to George Square but can’t return yet.
She said wants to get back to work but her office looks over where the incident happened and her balance “wont allow it either”.
The inquiry before sheriff John Beckett QC continues.
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