THE bereaved families of people killed in the George Square bin lorry tragedy almost a year ago are expected to launch a private prosecution against the driver with the weeks.
Reports at the weekend said legal papers were close to being finalised and could be lodged before Christmas. The news comes as relatives were preparing themselves for today's release of the findings of a fatal accident inquiry into the accident.
The bid for a private prosecution of driver Harry Clarke is being led by Paul Kavanagh, of Gildeas Solicitors, who represent the families of Erin McQuade, 18, and her grandparents Jack and Lorraine Sweeney, three of those who died last December 22. It is understood that the bid also has the support of the families of Gillian Ewing, from Edinburgh, and Jacqueline Morton, from Glasgow.
Mr Kavanagh was unavailable for comment yesterday.
Six people were killed when the bin lorry veered out of control after the driver, Mr Clarke, blacked out. The inquiry took place over five weeks of evidence at Glasgow Sheriff Court.
Mr Clarke gave evidence in late August but, exercising his legal right not to incriminate himself, declined to answer many of the questions put to him in the witness box. In the afternoon session alone he replied "no comment" some 170 times, much to the dismay of the victims' families, some of whom walked out in tears.
Early last month, however, Mr Clarke issued a statement to a BBC documentary about the impact the crash has had on the families.
He apologised "unreservedly ... for my role in this tragic event" and added: "I am aware that the families of the victims of the incident will have many unanswered questions. I will try to answer all of those questions to the best of his ability at the point I am able to do so. I understand that the impact of this event on me is irrelevant when compared to the loss the families of the victims have suffered."
At the FAI, Dorothy Bain QC, for the family of Ms Morton, asked for the hearing to be adjourned so that she could start the process of a private prosecution. Alistair Forsyth QC, for the family of Ms Ewing, agreed with this motion.
Mark Stewart QC, who was acting for the families of Miss McQuade and Mr and Mrs Sweeney, said they disagreed with the Crown decision not to prosecute Mr Clarke and that they wanted to "make that plain for the first time in the public forum." He added that they "reserve all rights to seek a prosecution."
Speaking about the latest news of a private prosecution, an un-named source said at the weekend: "An application is being prepared. The papers could be lodged before Christmas.
"But it will be the New Year before any hearing is held. Although it is one family who are instructing, there is a possibility that others can join if it is approved."
Any application to prosecute would go to the Lord Advocate, Frank Mulholland QC, who has already indicated that be believes such a move was likely to be unsuccessful, and has said that no court would grant authority for a private prosecution unless there was sufficient evidence in law.
But sources close to the bid maintained that the application would succeed, even without Mr Mulholland's agreement. One said: "It is immaterial what he thinks. The application can go ahead."
In August, Mr Mulholland defended the Crown Office decision not to prosecute Mr Clarke, saying the Crown’s senior lawyers took the unanimous view that there was insufficient evidence in law to raise criminal proceedings against him on charges including causing death by dangerous driving.
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