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Bin lorry tragedy family in private prosecution bid

THE family of a woman killed in the Glasgow bin lorry tragedy announced yesterday that they intend to seek a private prosecution of the driver.

Jacqueline Morton, 51, was one of six people killed on December 22 by an out-of-control council refuse lorry driven by Harry Clarke, who was found unconscious at the wheel, the court heard.

Her family’s lawyer Dorothy Bain said she had been instructed to request an adjournment on the 19th day of the inquiry, as they were seeking to launch a court action against Mr Clarke, 58, after the Crown Office ruled out prosecuting him.

The issue of funding the private prosecution has yet to be established.

Mr Clarke has a history of dizzy spells and fainting, which he failed to properly disclose to the Driver and Vehicle Licensing Authority and prospective employers, Glasgow Sheriff Court heard.

A former colleague claimed that Mr Clarke had fallen ill and blacked out at a bus stop when he worked as a bus driver in 2010.

The family of three other victims, 18-year-old Erin McQuade and her grandparents Jack Sweeney, 68, and Lorraine Sweeney, 69, backed the private prosecution, as did that of 52-year-old victim Gillian Ewing.

But the High Court has only granted permission for private prosecution twice since 1900, according to University of Glasgow law professor James Chalmers.

The family of another victim, 29-year-old Stephenie Tait, rejected the plan.

Mr Clarke “wants to answer all the questions that are put to him at the inquiry,” his lawyer said, but added that he had the right to “privilege against self-incrimination.”

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