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Bin lorry driver refuses to say sorry to victims

Harry Clarke arrives at the fatal accident inquiry in Glasgow on Friday
Harry Clarke arrives at the fatal accident inquiry in Glasgow on Friday
ANDREW MILLIGAN/PA

The driver of a bin lorry that veered out of control and killed six people refused to apologise to their grieving families yesterday.

Harry Clarke was offered a chance to say sorry to relatives at the fatal accident inquiry into the tragedy, which occurred three days before Christmas last year.

The inquiry was also told yesterday that Mr Clarke was given police protection and allocated the codename “Rudolph” to prevent him from being pestered while he was recovering in hospital.

Police decided not to interview the 58-year-old council employee because he was sleeping and they did not want to disturb him.

On Thursday Mr Clarke gave a detailed account of how he “went out like a light” before his vehicle ploughed into a crowd of shoppers in Glasgow city centre.

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Yesterday a number of relatives again walked out of the inquiry after Mr Clarke repeatedly refused to answer dozens of questions.

The inquiry has heard evidence that he fainted while behind the wheel of a bus in Glasgow five years ago, but failed to tell his employers or the DVLA.

Ronald Conway, representing the family of Stephenie Tait, one of the victims, invited the driver to face up to the consequences of his actions. He stated: “I’m going to ask you to say sorry to the people who died that day. I want you to say sorry for the lies told in April 2010 which led to the deaths of those six innocent people.”

Mr Clarke looked on impassively and responded, without any hint of emotion: “No. I can’t say that.”

The court was shown a sick note from 2009 in which Mr Clarke stated that he was unable to work because he had a “problem with his son”.

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When asked to comment, the witness admitted that he did not have a son, but insisted that he was not a liar.

Mr Conway said: “You are not a criminal mastermind, but you waltzed through every checkpoint with absolute ease and impunity. There are a lot of people out there like you who know that the system is full of holes.”

Dorothy Bain, QC, acting for the family of Jacqueline Morton, accused Mr Clarke of acting with “reckless indifference” to the consequences of his actions.

She said: “It has taken the tragedy of December 22, 2014, to unravel the web of lies that you have spun. Sitting here today you look like you haven’t got the slightest bit of conscience.

“If you had told the truth in 2010 there is every likelihood the six innocent people who lost their lives would still be here today. This is all your fault.”

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Ms Bain pointed out to the driver, who has a 40-year history of dizziness and faints, that great lengths had been taken to ensure his safety, stating: “You had a police presence outside your hospital room, and police and medical staff adopted the code word Rudolph to protect you and make sure you were all right.”

Officers visited Mr Clarke on January 2, but decided not to take a statement from him because he was asleep and they were unwilling to wake him.

The inquiry was also told that, unlike every other witness, the council driver has still not given a formal interview to police.

Under questioning, Mr Clarke admitted that he is taken to and from the hearing in a private vehicle and that he has been allocated his own room, with police protection and access to visitors, at Glasgow sheriff court.

He was told that he did not have to answer any questions, other than giving his name and address, because he still faces the possibility of a private prosecution.

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When asked if he felt under pressure, the driver laughed and said: “I’ve had better days.”

The Crown Office regards the crash as a “tragic accident” and ruled that Mr Clarke should face no charges.

The inquiry is expected to conclude next week.

Father’s call for legal cash

The First Minister has been asked to help fund a private prosecution against Harry Clarke.

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Matthew McQuade, who lost his student daughter Erin, 18, and her grandparents Jack and Lorraine Sweeney, wants the Scottish government to assist with “exceptional funding” for legal representation.

Mr McQuade, 50, from Dumbarton, has already lodged a formal complaint over the handling of the case by the Crown Office.

On Tuesday relatives of Jacqueline Morton announced their intention to apply to the High Court for the right to raise a private prosecution.

A spokesman for the Scottish government said: “We have now responded to Mr McQuade’s letter, outlining the established arrangements under which exceptional funding for legal representation can be requested and considered.”

The families are expected to comment publicly at the end of the fatal accident inquiry next week.