A BIN lorry crash which killed six people could have been avoided if driver Harry Clarke had “told the truth” about medical conditions, an inquiry heard.

A Fatal Accident Inquiry (FAI) into the Queen Street tragedy heard that Mr Clarke did not inform Glasgow City Council, or a doctor assessing his fitness to hold an LGV licence, that he had lost consciousness behind the wheel of a bus in April 2010.

The families of the people who died after the runaway bin lorry mounted the pavement and ploughed into pedestrians wept as Dorothy Bain QC said: “If he had never been employed by the city council, the six people who lost their lives three days before Christmas would still be here today.”

Crying could be heard from the families as she added: “If he had told the truth this all could have been prevented and we would not be here today.”

The Crown Office said in February that Mr Clarke would not be prosecuted following the crash in  which he lost consciousness.

In a statement, prosecutors said there was “no evidence to suggest that the driver’s conduct at the time amounted to a breach of the criminal law”.

The FAI, which heard its sixth day of evidence at Glasgow Sheriff Court yesterday, has been told that while working for First Bus, Mr Clarke collapsed behind the wheel of a stationary bus.

He then drove the bus, without passengers in it, to the next stop before it was reported to managers, a witness said.

The incident was recorded by First Bus inspector John Stewart who said that Harry Clarke told him he had “blacked out”.

The inquiry heard yesterday that following this Mr Clarke was absent from work for 24 days - from April 7 to April 30, 2010.

A sick form shown to the inquiry gave the reason as “vasovagal” which was described in court by Ms Bain as “fainting or blacking out”.

When Mr Clarke, 58, applied to working for Glasgow City Council in December 2010 - where he initially drove a school bus for special needs children - he did not declare the sickness.

When asked, in a medical assessment form on December 15, 2010, if he had been absent from work in the last two years, he said he had been off for seven days with “flu”.

A year later, on December 1, 2011, Mr Clarke applied for a promotion to become a “grade three” driver - which includes driving 26 tonne refuse vehicles such as a bin lorry - he was again subject to a medical assessment.

He said in a questionnaire, when asked about any sickness or absence in the past two years, that he had been off for “0” days.

The inquiry heard that LGV drivers over the age of 45 have medical assessment every five years to make sure they are still fit to hold a licence and must complete a D4 form.

On December 6, 2011 - three years before the tragedy - Dr Joanne Willox, instructed by Glasgow City Council, assessed Mr Clarke.

As part of the D4 form, shown in court, he was asked if he had a “history of blackouts or impaired consciousness in the last five years”.

Ms Bain told the inquiry: “The answer ticked is “no”.”

She added that if it was correct, as previously heard in evidence, that Mr Clarke told a inspector he “blacked out” behind the wheel of a bus in 2010 then “the answer in the form is a lie”.

Following the tragedy Dr Willox gave a statement to the police - on January 15, 2010 - in which she said that had she known about the illness in 2010 she would have “declared Mr Clarke temporarily unfit for duty”.

She also said she would have disclosed this to the DVLA, requested to see Mr Clarke’s medical records and informed the council.

Douglas Gellan, an area manager with Glasgow City Council’s Land and Environmental services, was asked when he became aware of the First Bus sickness and he said: “Just now.”

Ms Bain said that Mr Clarke’s medical records showed he had a “vasovagal attack” in 1989.
She asked Mr Gellan, who is Mr Clarke’s senior manager: “Do you know that in 1994 while driving a HGV he became dizzy behind the wheel and was investigated at hospital.”

Mr Gellan said: “No.”

Ms Bain asked if he was aware that in 2003 because of a “similar” episode Mr Clark had been “told not to drive”.

He said: “No.”

Ms Bain said: “We do know that Mr Clarke blacked out behind the wheel of a city council vehicle and as a result six innocent people died.”

Mr Gellan agreed that he and his employees had been “deeply effected” by the tragedy.

The inquiry heard that following the Queen Street crash Mr Clarke was seen by Doctor Andrew Rankin, a professor of medical cardiology at the Western Infirmary, where he was an inpatient.

In a report, Professor Rankin said that Mr Clarke had suffered from loss of consciousness and ruled out a seizure. He diagnosed him with neurocardiogenic syncope and implanted him with a “loop recorder” to monitor his heart rhythm.

The professor said the Mr Clarke had no “prodrome” - a warning that he was going pass out.
There is no treatment for this condition, the inquiry heard.

He noted that Mr Clarke was “finding it difficult psychologically” after the crash.

He added that he had concerns about Mr Clarke driving.

Mr Gellan said that Mr Clarke would not have been employed if the previous cases were known.
Ms Bain said: “He never would have been employed as a driver by the city council.

“And if he had never been employed by the city council, these six people who lost their lives three days before Christmas would still be here today.”

Mr Gellan agreed.

Ms Bain said: “Do you feel let down by his actions?”

Mr Gellan said: “Yes, if you are correct.”

Ms Bain added: “If he had told the truth this all could have been prevented and we would not be here today.”

“Yes,” said Mr Gellan.

Mark Stewart QC, who is representing the families of Jack and Lorraine Sweeney and Erin McQuade, said Mr Clarke had his private driving licence and LGV licence restored in April.

Mr Gellan said: “When I heard that he had got his full licence back, I was surprised.”
 

 

Glasgow Times:

 

Erin McQuade, 18, her grandparents Jack Sweeney, 68, and his 69-year-old wife Lorraine, all from Dumbarton, died in the tragedy on December 22 last year.

Stephenie Tait, 29, and Jacqueline Morton, 51, both from Glasgow, and Gillian Ewing, 52, from Edinburgh, were also killed.

The inquiry continues.

Watch The George Square incident as it unfolded: