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Bin Lorry Crashes Into Pedestrians - Glasgow
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calamity
17-08-2015
Originally Posted by Evo102:
“Err....because they had a detailed police investigation into the accident and circumstances surrounding it before the matter was referred to the Crown Office for a decision on prosecution.”

but he still lied long after when he put in for his licence.. does that not count..Im not being difficult here Im serious about what went on to not prosecute ... do you think they now feel silly for making such a hasty decision when this man has no empathy when he wants his two licences back after only four months...
Rosebuddy
17-08-2015
Can Clarke decline to be questioned at the FAI ?

It seems the families are waiting to see what he has to say at the FAI before
they decide to go for a private proscecution.
Evo102
17-08-2015
Originally Posted by calamity:
“but he still lied long after when he put in for his licence.. does that not count..Im not being difficult here Im serious about what went on to not prosecute ... do you think they now feel silly for making such a hasty decision when this man has no empathy when he wants his two licences back after only four months...”

They're two different matters. Whether he committed a subsequent offence of lying to the DVLA shouldn't and won't impact on any decision to prosecute over the accident.
Bulletguy1
17-08-2015
I'm glad to read the latest news of the families decision to seek a private prosecution. It's right and proper they get justice and even if that ultimately means taking it south of the border to see justice done, then so be it.
Evo102
17-08-2015
Originally Posted by Bulletguy1:
“I'm glad to read the latest news of the families decision to seek a private prosecution. It's right and proper they get justice and even if that ultimately means taking it south of the border to see justice done, then so be it.”

What do you mean? You know you can't just pick and choose which of the United Kingdom's legal systems you have a case heard under?
Bulletguy1
17-08-2015
Originally Posted by Evo102:
“What do you mean? You know you can't just pick and choose which of the United Kingdom's legal systems you have a case heard under?”

The inquiry into the Glasgow bin lorry crash has heard the driver will not face criminal prosecution in Scotland - but could be tried in England or Wales.

http://www.bbc.co.uk/news/uk-scotlan...-west-33883903
Evo102
17-08-2015
Originally Posted by Bulletguy1:
“The inquiry into the Glasgow bin lorry crash has heard the driver will not face criminal prosecution in Scotland - but could be tried in England or Wales.

http://www.bbc.co.uk/news/uk-scotlan...-west-33883903”

That's for the DVLA offence(s) - remember 3-6pts and up to £1,000 fine? The DVLA have already said they won't prosecute him from that/those and you can't bring private prosecutions for a DVLA offence.

http://www.bbc.co.uk/news/uk-scotlan...-west-33936190
Eater Sundae
17-08-2015
Originally Posted by Rosebuddy:
“Can Clarke decline to be questioned at the FAI ?

It seems the families are waiting to see what he has to say at the FAI before
they decide to go for a private proscecution.”

I don't know if Scotland is different, but in England I think it is normal to delay any enquiry until after any criminal actions have been completed. By doing this, it is hoped that witnesses will be open and honest, as they would not be worried about incriminating themselves.

The family who wants a private prosecution want the enquiry halted, maybe to stop Mr Clarke from incriminating himself which might jeopardise any trial, or conversely he will just clam up if he thinks he might be prosecuted later.

When the Crown said that there would be no prosecution, it allowed the enquiry to go ahead. The current events may stop it.
Bulletguy1
17-08-2015
Originally Posted by Evo102:
“That's for the DVLA offence(s) - remember 3-6pts and up to £1,000 fine? The DVLA have already said they won't prosecute him from that/those and you can't bring private prosecutions for a DVLA offence.

http://www.bbc.co.uk/news/uk-scotlan...-west-33936190”

The Crowns very early and somewhat premature decision not to prosecute can still be reversed.

Quote:
“The Crown Office’s “irreversible” decision not to prosecute Glasgow bin lorry driver Harry Clarke and his employers, Glasgow City Council, can be reversed – by the Crown Office itself.

That is the verdict of top lawyer Fraser Simpson who represents the families of Mhairi Convy, 18, and Laura Stewart, 20, who were killed by an unconscious driver in Glasgow in 2010.
”

He can still be tried for culpable homicide.....that's within Scotland under Scottish law and if you want to trawl back through this thread you will find links regarding this which have been openly stated by qualified Lawyers.

http://www.gov.scot/Publications/2004/12/20339/47561#7
calamity
17-08-2015
Originally Posted by Evo102:
“What do you mean? You know you can't just pick and choose which of the United Kingdom's legal systems you have a case heard under?”

I don't think the other countries have anything to do with a civil prosecution but to do with the DVLA I think....
Evo102
17-08-2015
Originally Posted by Bulletguy1:
“The Crowns very early and somewhat premature decision not to prosecute can still be reversed.

He can still be tried for culpable homicide.....that's within Scotland under Scottish law and if you want to trawl back through this thread you will find links regarding this which have been openly stated by qualified Lawyers.

http://www.gov.scot/Publications/2004/12/20339/47561#7”

Can be reversed and can be tried, but there is no indication that the Crown Office are going to do that.
calamity
17-08-2015
Originally Posted by Evo102:
“Can be reversed and can be tried, but there is no indication that the Crown Office are going to do that.”

couldn't the families who are affected and want something done not change their minds..
Evo102
17-08-2015
Originally Posted by calamity:
“couldn't the families who are affected and want something done not change their minds..”

Yes, if they can provide additional evidence and/or appropriate legal argument. But "look how upset we are, you have got to do something to punish him", won't get them anywhere.
Bulletguy1
17-08-2015
Originally Posted by Evo102:
“Can be reversed and can be tried, but there is no indication that the Crown Office are going to do that.”

BIB is what matters.
calamity
17-08-2015
Originally Posted by Evo102:
“Yes, if they can provide additional evidence and/or appropriate legal argument. But "look how upset we are, you have got to do something to punish him", won't get them anywhere.”

I think with the families it might be more a big WHY....
Ivor Biggun
17-08-2015
Originally Posted by Bulletguy1:
“I'm glad to read the latest news of the families decision to seek a private prosecution. It's right and proper they get justice and even if that ultimately means taking it south of the border to see justice done, then so be it.”

Justice or revenge because neither will bring back their loved ones.
calamity
17-08-2015
Originally Posted by Ivor Biggun:
“Justice or revenge because neither will bring back their loved ones.”

Of course it wont but this is the same people who sent this man messages of love and support after the accident.. how would it feel to you that your loved one died because this man lied to keep or get a job..They didn't want revenge or justice then ...Christ almighty the man wanted his licences back four months later... feelings and emotions for these families will be raw for years not months. what was he thinking... or doesn't he think or care.
zakbob
17-08-2015
Originally Posted by calamity:
“but he still lied long after when he put in for his licence.. does that not count..Im not being difficult here Im serious about what went on to not prosecute ... do you think they now feel silly for making such a hasty decision when this man has no empathy when he wants his two licences back after only four months...”

I have never read anywhere just how much the Crown Office did know when they declared publicly that they were not going to prosecute him.
I have always felt that they jumped the gun and now legally they can no longer prosecute him.
Maybe I am wrong but I was under the impression that one of the purposes of a FAI was to determine whether or not a crime had been committed.
Bulletguy1
17-08-2015
Originally Posted by Ivor Biggun:
“Justice or revenge because neither will bring back their loved ones.”

Justice.
Bulletguy1
17-08-2015
And about time too.

http://www.sundaypost.com/news-views...rules-1.894976
calamity
17-08-2015
To me this man Clarke is scum....not because he passed out at the wheel and killed these people and injured ten.... but because he lied over and over again.. even to doctors at the hospital after the accident. when it was time he should have come clean... but asking for his licences back to drive really sickened me , Does he truly think hes capable of driving again, and does he think he will be employable, not to mention the nightmare of living with what hes done, its unthinkable for anyone to ever want to get behind a wheel again, the mans despicable..
calamity
19-08-2015
Harry Clarke at the hearing tomorrow.. 20th AUG.
calamity
20-08-2015
Today Harry Clarke has asked for the hearing to be adjourned..


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BBC Glasgow & West
‏@BBCWestScot
Mr Reid says his client is in a "predicament" at inquiry if he faces a private prosecution #binlorrycrash
RETWEET

The sheriff has said he refuses the motion to adjourn..
Thomas Crewes
20-08-2015
Request has been refused, I imagine he will say nothing in that case, which is fair enough really.
calamity
20-08-2015
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BBC Glasgow & West ‏@BBCWestScot 4m4 minutes ago
Solicitor General: "Were you referred to cardiology for heart problems in 1994?" Mr Clarke: "I don't want to answer that." #binlorrycrash

its always been my impression that this man has mental issues of some sort , maybe his answers will start to show this..

Mr Clarke doesnt want to answer anymore questions 12 15
and repeating this to any question he doesnt want to answer ,


several members of the victims families have now wallked out the court.... maybe they expected this man full of remorse, just my opinion of course..
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