Multiple death crash driver admits driving despite licence being revoked on medical grounds

The driver of a bin lorry who escaped prosecution when he crashed and killed six people faces the threat of prison – for driving nine months later while knowing he was unfit to be behind the wheel.

Feb 20, 2017

The driver of a bin lorry who escaped prosecution when he crashed and killed six people faces the threat of prison – for driving nine months later while knowing he was unfit to be behind the wheel. Harry Clarke, 60, appeared at Glasgow Sheriff Court, where he pleaded guilty to culpable and reckless driving on September 20, 2015, to the danger of the public, despite his licence having been revoked for medical reasons. He admitted driving in the knowledge he had suffered a loss of consciousness while at the wheel of a moving refuse collection vehicle on December 22, 2014, resulting in six deaths and leaving 15 more people injured. He also knew he had suffered a loss of consciousness or episode of altered awareness while at the wheel of a stationary bus on April 7, 2010. His licence had been revoked for 12 months on June 27, 2015 and the charge states that he knew or ought to have known that he was unfit to drive, and that there was a risk he might lose consciousness or suffer an episode of altered awareness while driving. Clarke was not prosecuted over the fatal crash, with the Crown Office and Procurator Fiscal Service insisting there was insufficient evidence to raise criminal proceedings. In a rare legal move, relatives of three crash victims sought permission from senior judges to bring charges against him in a private prosecution. However, judges at the Appeal Court in Edinburgh ruled in November last year the family could not launch a civil action. Jack and Lorraine Sweeney, 68 and 69, and their granddaughter Erin McQuade, 18, Stephenie Tait, 29, Jacqueline Morton, 51, and Gillian Ewing, 52, died in the incident. A fatal accident inquiry (FAI) heard Mr Clarke had a history of health issues but had not disclosed his medical background to his employers or the DVLA. Sheriff John Beckett QC, who chaired the FAI, ruled the crash might have been avoided if Clarke had told the truth about his medical history. On Friday (February 17), the court heard that a neighbour spotted Clarke driving out of the car park of his home in the Baillieston area of Glasgow at around 8pm on the evening of September 20, 2015 and called the police. After watching for between 30 seconds and two minutes, they saw Clarke get into the driver’s seat, switch on the lights and drive out of the car park onto Buchanan Street. “While waiting for the police between 10.15pm and 10.20pm, they saw his car return again to the car park and it parked up in the usual space. He got out and went to the boot to get carrier bags. “ Officers from Police Scotland went to Clarke’s home on September 22 and he was charged. The court heard that he told police: “I have never been out on a public road, I’ve just moved the car in the private car park.” Clarke was originally charged with three other road traffic offences relating to insurance and licence matters, however his not guilty pleas were accepted by the Crown. Sheriff Martin Jones QC deferred sentence until March 31 pending reports.

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