The families of two women who died in the Glasgow bin lorry crash of December 2014 have asked for a three-month adjournment to the fatal accident enquiry in order to seek a private prosecution against the driver, Harry Clarke.

The familiy of Jacqueline Morton, one of the six people killed in the accident, are to seek an adjournment from the enquiry in order to mount a private prosecution against Clarke, 58, who lost consciousness at the wheel. Gillian Ewing’s family said they supported the private prosecution proposal.

The inquiry into the crash, now entering its fifth week at Glasgow Sheriff Court, will hear from remaining witnesses before the sheriff announces his decision regarding the adjournment request on Thursday (20 August).

Previous 'blackouts'

The Fatal Accident Inquiries (FAI) has previously heard that Clarke was unconscious at the wheel when the crash occurred last year.

The inquiry also heard that Clarke suffered a previous blackout in 2010 whilst at the wheel during his time as a driver for First Bus. Moreover, the FAI has been told that Clarke lied about the circumstances surrounding the 2010 blackout on his council application form, and in dealings with the DVLA.

Dorothy Bain QC, acting for the family of Jacqueline Morton, told Sheriff John Beckett she had been instructed to seek an adjournment in order to bring a private prosecution against Clarke.

Bain said it could take up to three months to establish whether a private prosecution could proceed.

Victims' families split

The motion led to a debate and a split among the victims’ families in court on Monday (17 August), with lawyers for Stephenie Tait’s family and the solicitor general, Lesley Thomson, opposing the move.

Thomson has already told the hearing that the chances of a private prosecution being granted were extremely slim. They were a “rare and exceptional beast” in Scotland, she told the court, which has already heard that only two had been heard in the past century.

Their lawyer, Ronald Conway, told the inquiry: "Telling lies is not a crime; telling lies to the medical profession is not a crime."

Erin McQuade, 18, and her grandparents Jack Sweeny, 68, and Lorraine Sweeny, 69, also died in the crash. Their lawyer Mark Stewart QC, has stated that the family have reserved the right to prosecute whoever is found to hold responsibility in the crash.

Clarke was due to give evidence to the inquiry this week, but could refuse to answer questions about his alleged failure to tell medical examiners and his employers about his previous blackouts if he fears his testimony could be used later in a private prosecution.

Clarke's advocate, Ronnie Clancy QC, said the driver supported the adjournment, but stressed that he was keen to return to the inquiry to give evidence once the issue of legal proceedings had been resolved.

A decision on whether the enquiry should be halted will be made on Thursday (20 August).