This looks like it’s getting a bit messy for the driver, it’s seems he’s lucky they have said there would be no prosecution forthcoming prior to all this starting because some of this looks pretty bad.
Glasgow bin lorry crash driver ‘lied’ over blackout
bbc.co.uk/news/uk-scotland-g … t-33702639
Looking like he will face some form of prosecution for not disclosing his previous blackouts. Could end up on a manslaughter charge if what’s coming out of the FAI are true. And if it is true, I’ve lost any sympathy I had for him.
damoq:
Looking like he will face some form of prosecution for not disclosing his previous blackouts. Could end up on a manslaughter charge if what’s coming out of the FAI are true. And if it is true, I’ve lost any sympathy I had for him.
Maybe all the drivers that have avoided getting a proper medical by doing the photo renewal loop should pay attention to the out come of this incident.
It’s awe coming out now! Even if he doesn’t get prosecuted do you honestly think he can live a normal life with what is being said.
The families involved will be after his blood for a start as I doubt they knew this information.
A frightening thought is that he’s probably not alone considering there clearly isn’t an effective method to prevent things like this.
But I guess it’s not an easy thing to implement & get bullet proof.
damoq:
Looking like he will face some form of prosecution for not disclosing his previous blackouts. Could end up on a manslaughter charge if what’s coming out of the FAI are true. And if it is true, I’ve lost any sympathy I had for him.
Yep. He was in the daily rag up here giving it big licks (and if its true about the blackouts,crocodile tears) about how devestated he was and how he couldnt sleep at night and how he had no idea what happened. And now within three days of the inquest starting we find out he had blacked out three times in one day. And yet he was STILL allowed to keep driving! 
If this is true then ive no sympathy for him either and he deserves everything that comes his way.
It blows my mind that when someone suffers blackouts they dont need to inform the DVLA and are still allowed to continue getting behind the wheel of anything,let alone an hgv.
If you have a heart attack they take your HGVs entitlements away but black outs are ok?
So what I’ve been told when something goes to FAI no charges can be brought because it’s all out in the public domain and there could never be a fair trial. Jury could already be influenced etc. So that’s it he is free as bird.
But I did notice the daily record have posted his picture, this is the first time his picture has been posted. His name has been public for a while. I think the media are cooking up a storm for this guy don’t think he will be able to live in peace after this.
Latest is he was suspended by first bus in December and joined the council in January and no employment checks where carried out 
merc0447:
So what I’ve been told when something goes to FAI no charges can be brought because it’s all out in the public domain and there could never be a fair trial. Jury could already be influenced etc. So that’s it he is free as bird.But I did notice the daily record have posted his picture, this is the first time his picture has been posted. His name has been public for a while. I think the media are cooking up a storm for this guy don’t think he will be able to live in peace after this.
Latest is he was suspended by first bus in December and joined the council in January and no employment checks where carried out
There must be some way they can serve justice on him if these allegations coming out in the FAI are true. There’s no way he can get off with this. Usually the judges will tell the jury to ignore anything they have heard or read about in papers etc about a case and judge only on the facts presented in court. The same could surely apply in this case.
Hank Hill:
damoq:
Looking like he will face some form of prosecution for not disclosing his previous blackouts. Could end up on a manslaughter charge if what’s coming out of the FAI are true. And if it is true, I’ve lost any sympathy I had for him.Maybe all the drivers that have avoided getting a proper medical by doing the photo renewal loop should pay attention to the out come of this incident.
Amen to that …
This loophole needs closing, and fast… and people who should know better need to stop promoting it…
damoq:
merc0447:
So what I’ve been told when something goes to FAI no charges can be brought because it’s all out in the public domain and there could never be a fair trial. Jury could already be influenced etc. So that’s it he is free as bird.But I did notice the daily record have posted his picture, this is the first time his picture has been posted. His name has been public for a while. I think the media are cooking up a storm for this guy don’t think he will be able to live in peace after this.
Latest is he was suspended by first bus in December and joined the council in January and no employment checks where carried out
There must be some way they can serve justice on him if these allegations coming out in the FAI are true. There’s no way he can get off with this. Usually the judges will tell the jury to ignore anything they have heard or read about in papers etc about a case and judge only on the facts presented in court. The same could surely apply in this case.
I suspect that the offer of no prosecution was made before anyone realised the full story.
The longer this goes on the more he’s looking to be the bad guy who had full knowledge of a medical problem but failed to report it.
It would appear that the driver has acted very irresponsibly and with a total disregard for his and everybody else’s safety and I am in no way sympathetic to that.
However if it was your only means of earning a living I can see why some would be inclined to chance it, given that very often those most in need which could have been the case here are denied access to essential benefits in favour of non desirables and other free loaders, its certainly a choice I would not like to be faced with.
amamdada:
It would appear that the driver has acted very irresponsibly and with a total disregard for his and everybody else’s safety and I am in no way sympathetic to that.
However if it was your only means of earning a living I can see why some would be inclined to chance it, given that very often those most in need which could have been the case here are denied access to essential benefits in favour of non desirables and other free loaders, its certainly a choice I would not like to be faced with.
I would have thought if he’s been honest about his condition he would have been treated more sympathetically by his previous employers.
He appears to have had a bad sick record which led to a disiplinary meeting.
Had he went to that he could have explained what was going on and perhaps moved to a non driving job.
At worst he might have qualified for some sort of DLA to get him through if he’d lost his license due to a medical reason.
As it is this is now going from a tragic accident to an accident in which an idiot hid a medical condition and killed a number of people as a result.
Kate:
Hank Hill:
damoq:
Looking like he will face some form of prosecution for not disclosing his previous blackouts. Could end up on a manslaughter charge if what’s coming out of the FAI are true. And if it is true, I’ve lost any sympathy I had for him.Maybe all the drivers that have avoided getting a proper medical by doing the photo renewal loop should pay attention to the out come of this incident.
Amen to that …
This loophole needs closing, and fast… and people who should know better need to stop promoting it…
The “proper medical” as applied to vocational licence renewals would not have picked up on this one. It’s not a full medical examination at all - it’s a box-ticking exercise, typically done by a doctor who has no knowledge of the subject’s medical history beyond what he chooses to reveal in answer to closed questions along the lines of “Have you ever suffered from x, y or z?”
Those who think it really is a “proper medical” are deluding themselves.
Soldier z:
At worst he might have qualified for some sort of DLA to get him through if he’d lost his license due to a medical reason.
That’s extremely unlikely. DLA has now been replaced by PIP for new claims. Occasional vasovagal attacks (faints, in effect) will not qualify you for anything under either system. You would have to need supervision to keep yourself safe if you lost consciousness to get any DLA or PIP. I can’t see the DWP accepting there is a need for constant supervision if the only medical problem is occasional faints.
DVLA have now revoked the driver’s car and vocational entitlements, if the media is to be believed. He has a history of fainting attacks, reportedly as a result of an untreatable medical condition. Though he’s unfit to drive, and would, under the English rules, qualify for a disabled bus pass on those grounds, the fainting attacks don’t make him unfit for all work.
Soldier z:
I suspect that the offer of no prosecution was made before anyone realised the full story.
The longer this goes on the more he’s looking to be the bad guy who had full knowledge of a medical problem but failed to report it.
My legal training is in the law of England and Wales. Scots law is somewhat different, though I believe the issue is the same as under the law of England and Wales - the driver would have a complete defence to any offences committed whilst he was unconscious called non-insane automatism as the driver was not in control of his actions for a reason that was not his fault.
The only offences it seems the driver can be convicted of would relate to the false statements he made about his medical condition in order to obtain his driving licence.
Soldier z:
[.
I suspect that the offer of no prosecution was made before anyone realised the full story.
The longer this goes on the more he’s looking to be the bad guy who had full knowledge of a medical problem but failed to report it.
[/quote]
I feel that if he hadn’t been given immunity from prosecution a lot of this might never have surfaced, no one would admit to anything if they knew that they faced possible prosecution.
At least this way we may now have the full truth about his health and that he will no longer be able to drive.
Fincham:
At least this way we may now have the full truth about his health and that he will no longer be able to drive.
Not much consolation to the families of the deceased who will see him walk away scot free after killing 6 people.
He killed 6 people because he kept quiet about a medical condition that made him a danger to drive even a car,never mind an hgv. That,to me, means a manslaughter charge minimum.
The fact someone saw fit to think that a “we’ll not prosecute no matter what you tell us or what we find out happened” BEFORE an investigation, is mind boggling
Was he negligent
Was he culpable
Did he make omissions
Did he commit fraud
Yes, yes, yes & yes.
djw:
the driver would have a complete defence to any offences committed whilst he was unconscious called non-insane automatism as the driver was not in control of his actions for a reason that was not his fault.
Looking at this through a layman’s eyes, does the issue of the false statements he made about his medical condition not have any bearing on the above in bold? Does cause and effect not apply legally?