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"What exactly would you like them to prosecute with. To many folk cant accept accidents happen there isnt always someone to blame. Im sure your going to say blackouts 2010. Whos to say thats an ongoing thing for this poor driver. Im sure after weighing everything up the cps decided there was no case to answer " His medical records, read out in court, show a lengthy history of blackouts, dizzy turns etc. | |||
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"Sad tragic accident. Yes the driver wasn't in great health but certainly did not go out to hurt anyone." He did, however, deliberately deceive those who could have kept him from being in charge of what turned out to be a deadly weapon. | |||
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"What exactly would you like them to prosecute with. To many folk cant accept accidents happen there isnt always someone to blame. Im sure your going to say blackouts 2010. Whos to say thats an ongoing thing for this poor driver. Im sure after weighing everything up the cps decided there was no case to answer His medical records, read out in court, show a lengthy history of blackouts, dizzy turns etc. " sorry your privy to his medical records or you just guessing from what you have read ? | |||
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"What exactly would you like them to prosecute with. To many folk cant accept accidents happen there isnt always someone to blame. Im sure your going to say blackouts 2010. Whos to say thats an ongoing thing for this poor driver. Im sure after weighing everything up the cps decided there was no case to answer His medical records, read out in court, show a lengthy history of blackouts, dizzy turns etc. sorry your privy to his medical records or you just guessing from what you have read ?" They were read out in court. Admitted as evidence. No guessing required. | |||
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"Are you not meant to tell the DVLA about blackouts etc? If so would he have been able to get a driving job to be able to have the blackout that killed a lot of people?" There are rules about how soon you can drive after things like syncope, blackouts, fitting of a pacemaker or defibrillator. | |||
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"they were not fully read out in court.. should get facts right before claiming that.. unless you have read them all dont comment.. you forget this man has to live with these deaths for the rest of his life..... for something he might not have been able to stop.... also other mistakes by a lot of other people added up to a big major ACCIDENT..... thats what it was at end of day" He could have avoided ANY risk of killing people by driving by NOT DRIVING. | |||
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"they were not fully read out in court.. should get facts right before claiming that.. unless you have read them all dont comment.. you forget this man has to live with these deaths for the rest of his life..... for something he might not have been able to stop.... also other mistakes by a lot of other people added up to a big major ACCIDENT..... thats what it was at end of day" Agreed | |||
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"they were not fully read out in court.. should get facts right before claiming that.. unless you have read them all dont comment.. you forget this man has to live with these deaths for the rest of his life..... for something he might not have been able to stop.... also other mistakes by a lot of other people added up to a big major ACCIDENT..... thats what it was at end of day He could have avoided ANY risk of killing people by driving by NOT DRIVING. " Have you ever made a mistake in your life ...? i bet if you asked this Driver .."How do you feel too be alive after the Accident ....I bet he would tell you ..He would rathrer be Dead .. As someone previously said ..He has too live with the Deaths for the rest of his life.... | |||
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"you need to go have a look in mirror... do u know ur perfectly healthy and will never black out at wheel of your car or have a heart attack... really ur blaming a him..... give the guy a break.. most important thing about the fai is this never happens again" Unless action is taken against this guy, it WILL happen again 'cos others will think they can get away with it. This guy knew he had problems, allegedly going back 30+ years. | |||
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"I know someone who is a bus driver and he suffered a minor stroke a few years ago but his Dr notified the DVLA which he couldn't drive a public service bus for 1yr" I lost my hgv licence after an accident. Not while driving I might say and suffering blackouts because of it. I will never be able to drive trucks again so that was my job and lively hood gone. DVLA must be notified about any medical condition like this if you drive for a living. I know of other people that this has happened too. It's not a nice thing to happen to anyone that relies on there driving licence to work to support a family. | |||
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"I know someone who is a bus driver and he suffered a minor stroke a few years ago but his Dr notified the DVLA which he couldn't drive a public service bus for 1yr I lost my hgv licence after an accident. Not while driving I might say and suffering blackouts because of it. I will never be able to drive trucks again so that was my job and lively hood gone. DVLA must be notified about any medical condition like this if you drive for a living. I know of other people that this has happened too. It's not a nice thing to happen to anyone that relies on there driving licence to work to support a family. " It's not just if you drive for a living. | |||
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"Not sure what illness he has, but I have an epileptic friend who's had a few fits. After each incident he was banned from driving for 12 months. He's now on his 3rd ban, his fiancée is the driver now. The DVLA would have been notified, and he wouldn't have been able to do a driving job without a licence. So the fact he was still working shows that there wasn't a problem for the authorities. People lost their lives, and that's something the driver is going to have to live with. Sounds like punishment enough to me " The DVLA SHOULD have been notified. The evidence led indicates they weren't. | |||
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"I know someone who is a bus driver and he suffered a minor stroke a few years ago but his Dr notified the DVLA which he couldn't drive a public service bus for 1yr I lost my hgv licence after an accident. Not while driving I might say and suffering blackouts because of it. I will never be able to drive trucks again so that was my job and lively hood gone. DVLA must be notified about any medical condition like this if you drive for a living. I know of other people that this has happened too. It's not a nice thing to happen to anyone that relies on there driving licence to work to support a family. It's not just if you drive for a living." That's true but you are more a risk if you do. So Dvla say even if you're using medication to controll your illness and not suffering blackouts anymore | |||
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"Not sure what illness he has, but I have an epileptic friend who's had a few fits. After each incident he was banned from driving for 12 months. He's now on his 3rd ban, his fiancée is the driver now. The DVLA would have been notified, and he wouldn't have been able to do a driving job without a licence. So the fact he was still working shows that there wasn't a problem for the authorities. People lost their lives, and that's something the driver is going to have to live with. Sounds like punishment enough to me The DVLA SHOULD have been notified. The evidence led indicates they weren't." And you would notify DVLA too if you had any health issues ? Knowing you had a Family to support.? I dont think so my friend. | |||
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"Not sure what illness he has, but I have an epileptic friend who's had a few fits. After each incident he was banned from driving for 12 months. He's now on his 3rd ban, his fiancée is the driver now. The DVLA would have been notified, and he wouldn't have been able to do a driving job without a licence. So the fact he was still working shows that there wasn't a problem for the authorities. People lost their lives, and that's something the driver is going to have to live with. Sounds like punishment enough to me The DVLA SHOULD have been notified. The evidence led indicates they weren't." I can't comment on that as I don't know what the evidence is | |||
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"Not sure what illness he has, but I have an epileptic friend who's had a few fits. After each incident he was banned from driving for 12 months. He's now on his 3rd ban, his fiancée is the driver now. The DVLA would have been notified, and he wouldn't have been able to do a driving job without a licence. So the fact he was still working shows that there wasn't a problem for the authorities. People lost their lives, and that's something the driver is going to have to live with. Sounds like punishment enough to me The DVLA SHOULD have been notified. The evidence led indicates they weren't. And you would notify DVLA too if you had any health issues ? Knowing you had a Family to support.? I dont think so my friend. " Yes. I have done so. I've mentioned it on Fab previously. The 'family to support' is irrelevant. 6 people had to die so he could support a family. | |||
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"Not sure what illness he has, but I have an epileptic friend who's had a few fits. After each incident he was banned from driving for 12 months. He's now on his 3rd ban, his fiancée is the driver now. The DVLA would have been notified, and he wouldn't have been able to do a driving job without a licence. So the fact he was still working shows that there wasn't a problem for the authorities. People lost their lives, and that's something the driver is going to have to live with. Sounds like punishment enough to me The DVLA SHOULD have been notified. The evidence led indicates they weren't. And you would notify DVLA too if you had any health issues ? Knowing you had a Family to support.? I dont think so my friend. Yes I would and did my friend " | |||
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"Not sure what illness he has, but I have an epileptic friend who's had a few fits. After each incident he was banned from driving for 12 months. He's now on his 3rd ban, his fiancée is the driver now. The DVLA would have been notified, and he wouldn't have been able to do a driving job without a licence. So the fact he was still working shows that there wasn't a problem for the authorities. People lost their lives, and that's something the driver is going to have to live with. Sounds like punishment enough to me The DVLA SHOULD have been notified. The evidence led indicates they weren't. And you would notify DVLA too if you had any health issues ? Knowing you had a Family to support.? I dont think so my friend. Yes. I have done so. I've mentioned it on Fab previously. The 'family to support' is irrelevant. 6 people had to die so he could support a family." Harsh | |||
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"Not sure what illness he has, but I have an epileptic friend who's had a few fits. After each incident he was banned from driving for 12 months. He's now on his 3rd ban, his fiancée is the driver now. The DVLA would have been notified, and he wouldn't have been able to do a driving job without a licence. So the fact he was still working shows that there wasn't a problem for the authorities. People lost their lives, and that's something the driver is going to have to live with. Sounds like punishment enough to me The DVLA SHOULD have been notified. The evidence led indicates they weren't. And you would notify DVLA too if you had any health issues ? Knowing you had a Family to support.? I dont think so my friend. Yes. I have done so. I've mentioned it on Fab previously. The 'family to support' is irrelevant. 6 people had to die so he could support a family. Harsh " Yet true. Harsher yet for those left behind. | |||
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"Yes i agree a tragic accident but im sorry the driver involved HAS to be held accountable ( yes i know he has to live with what happened .. but so have all the families of those tragicly killed)..purely because of his deceipt by lying on his dvla assessment and council job application ...had he been truthful on those ..i believe he knew he wouldnt be allowed to drive that bin lorry for a living..the questions on these forms are there for a purpose " | |||
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"Are you not meant to tell the DVLA about blackouts etc? If so would he have been able to get a driving job to be able to have the blackout that killed a lot of people?" Yes many things are meant to be disclosed to the dvla but most don't. Wonder how many reading/posting have driven a vehicle when they shouldn't be from illness or hungover etc | |||
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"Yes i agree a tragic accident but im sorry the driver involved HAS to be held accountable ( yes i know he has to live with what happened .. but so have all the families of those tragicly killed)..purely because of his deceipt by lying on his dvla assessment and council job application ...had he been truthful on those ..i believe he knew he wouldnt be allowed to drive that bin lorry for a living..the questions on these forms are there for a purpose " the bit everyone is missing......there is no need to contact the dvla if he dosnt have a medical condition what we know is he has blacked out so have many on these forums.....he has felt dizzy again many here also have all these folk contacted the dvla. Not many know the facts of this case save for the accused and possibly the cps.....and they decided no case to prosecute | |||
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"you need to go have a look in mirror... do u know ur perfectly healthy and will never black out at wheel of your car or have a heart attack... really ur blaming a him..... give the guy a break.. most important thing about the fai is this never happens again" Exactly... Anyone of us could take ill or worse die while driving.... | |||
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"the bit everyone is missing......there is no need to contact the dvla if he dosnt have a medical condition what we know is he has blacked out so have many on these forums.....he has felt dizzy again many here also have all these folk contacted the dvla. Not many know the facts of this case save for the accused and possibly the cps.....and they decided no case to prosecute" He "Allegedly" lied on his dvla hgv assessment form by not declaring his blackouts and dizziness ..a question which is asked on the form if that is the case then he obtained his renewal by deception | |||
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" Anyone of us could take ill or worse die while driving...." Theres a difference between unexpectedly taking ill or worse behind the wheel and getting behind the wheel knowing theres a chance due to your medical history ..and not letting the authorities decide if your fit or not | |||
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"I knew 3 of the people killed really well. Not been able to read a papper its to tragic. However going by what Iv heard on the news . The driver lied on his medical history. Was told to stop driving by his own doctor. He continued . This resulted in 6 innocent people lossing there life. Any many many more destroyed. I hope it haunts him for ever." So sorry for your loss and it's total tragic. As far as I'm aware it's Upto the doctor to notify the DVLA.... So is he at fault? | |||
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"Yes i agree a tragic accident but im sorry the driver involved HAS to be held accountable ( yes i know he has to live with what happened .. but so have all the families of those tragicly killed)..purely because of his deceipt by lying on his dvla assessment and council job application ...had he been truthful on those ..i believe he knew he wouldnt be allowed to drive that bin lorry for a living..the questions on these forms are there for a purpose " | |||
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"I knew 3 of the people killed really well. Not been able to read a papper its to tragic. However going by what Iv heard on the news . The driver lied on his medical history. Was told to stop driving by his own doctor. He continued . This resulted in 6 innocent people lossing there life. Any many many more destroyed. I hope it haunts him for ever. So sorry for your loss and it's total tragic. As far as I'm aware it's Upto the doctor to notify the DVLA.... So is he at fault? " It's not up to the doctor to notify Dvla that is the drivers responsibility. But can you trust them to notify Dvla know that they will lose their licence. I told Dvla about my blackouts and medication and lost my licence for a year so my body could get used to the medication and not cause anymore blackouts. The doctors should be telling Dvla about any health problems that someone has that could be a danger to others while driving. | |||
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"I knew 3 of the people killed really well. Not been able to read a papper its to tragic. However going by what Iv heard on the news . The driver lied on his medical history. Was told to stop driving by his own doctor. He continued . This resulted in 6 innocent people lossing there life. Any many many more destroyed. I hope it haunts him for ever. So sorry for your loss and it's total tragic. As far as I'm aware it's Upto the doctor to notify the DVLA.... So is he at fault? It's not up to the doctor to notify Dvla that is the drivers responsibility. But can you trust them to notify Dvla know that they will lose their licence. I told Dvla about my blackouts and medication and lost my licence for a year so my body could get used to the medication and not cause anymore blackouts. The doctors should be telling Dvla about any health problems that someone has that could be a danger to others while driving. " It's the patient's responsibility to tell the DVLA. | |||
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"Yes it's completely tragic what has happened but no prison sentence will be harder than the guilt the driver has to live with for the rest of his life. Personally I don't think the media should be naming and shaming him the way they are, because there are idiots who can't see sense or rationale and look for trouble. Not only will he suffer the public backlash and humiliation on top of the guilt but his family will too. The newspapers always flower up a story and we never get the real facts unless you read the independent re_iew. Bless those that lost their lives and bless all of those involved. " exactly this the media need to generate drama very seldom do they deal in facts. As ive said above very _iew know the facts. What we know the cps feel there is no further action needed | |||
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"Most jobs today, you sign and agree for the employer to obtain & _iew your medical records" Agreed Lee... I also believe The Employer has a responsibility too investigate any of their Staff.Routine checks should be imperative especially Employees within the Public Sector. Hundreds and hundreds of people (not just driving) are working in an enviroment that are not only in danger to themselves but to others. | |||
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" I've no idea what a prison sentence would achieve " He is probably living his own sentance | |||
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"no doubt there'll be a story about him going on holiday,having a pint etc etc.. if any sentence is deserved I'd say some sort of community service I've no idea what a prison sentence would achieve " There'll be no criminal charges. Everyone involved wants to get on and ensure it never happens again. | |||
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" I've no idea what a prison sentence would achieve He is probably living his own sentance" Thats not enough for some people as you know though..and the press most likely will pounce on this too | |||
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" I've no idea what a prison sentence would achieve He is probably living his own sentance" Well Said | |||
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" I've no idea what a prison sentence would achieve He is probably living his own sentance Thats not enough for some people as you know though..and the press most likely will pounce on this too" I can understand why though, if it was one of my family I don't know what I would want to happen, it is easy for us lot who are not involved to say him having to live with it is probably bad enough. | |||
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"I dont believe for a minute that everyone who is in Employment is totally honest regards to their Health.There are people with underlying illnesses that have no control of their own ..Diabetes Asthma attacks Heart Attacks etc .I think this Driver must be totally devasted the thought of his illness has caused.There was no intent to drive the Lorry in how he did. It is sad for the People who perished in this accident.The Driver had no control over his actions People always look for someone to blame .. God Bless tThem x " . As the driver had a previous history of blackouts , he should not have been driving lgvs . He appears to have ignored the rules about informing. the dvla and was dismissed from his previous employer . | |||
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"As the FAI continues, there's a 2nd issue coming out. I think it's possible to accept that the accident was that, a horrible tragic accident. There was no intent or anything like that. However, the issue that's coming to the fore is the driver's medical/health history. And it would seem pretty incontrovertible that the driver has ignored health issues which he must have known would render him unable to drive at least an hgv. Also, he has blatantly lied on official forms, and it's these 2 issues where he should be facing prosecution. Hgv drivers losing there licences for medical/health reasons is a regular occurrence, and many have a real struggle to get them back when their health genuinely returns to normal. This guy has been caught for a catalogue of offences, and imho, should be dealt with accordingly. " | |||
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"I knew 3 of the people killed really well. Not been able to read a papper its to tragic. However going by what Iv heard on the news . The driver lied on his medical history. Was told to stop driving by his own doctor. He continued . This resulted in 6 innocent people lossing there life. Any many many more destroyed. I hope it haunts him for ever. So sorry for your loss and it's total tragic. As far as I'm aware it's Upto the doctor to notify the DVLA.... So is he at fault? " No, it's your own responsibly to tell the dvla, not your gp. | |||
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"As far as I'm aware it's Upto the doctor to notify the DVLA.... So is he at fault? No, it's your own responsibly to tell the dvla, not your gp. " So if it's the case that people are not telling the DVLA themselves, perhaps it should be a mandatory requirement for GP practices to inform them? | |||
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"As far as I'm aware it's Upto the doctor to notify the DVLA.... So is he at fault? No, it's your own responsibly to tell the dvla, not your gp. So if it's the case that people are not telling the DVLA themselves, perhaps it should be a mandatory requirement for GP practices to inform them? " Perhaps it should but where would the list of 'notifiable' conditions end? | |||
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"I remember years ago some guy in a Range Rover had an epileptic fit in Glasgow killed 2 people. Never disclosed to the dvla about his condition.. Was he jailed?" Nah. | |||
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" So if it's the case that people are not telling the DVLA themselves, perhaps it should be a mandatory requirement for GP practices to inform them? " So would people be scared of telling symptoms to a GP then? I know i would be. | |||
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"As far as I'm aware it's Upto the doctor to notify the DVLA.... So is he at fault? No, it's your own responsibly to tell the dvla, not your gp. So if it's the case that people are not telling the DVLA themselves, perhaps it should be a mandatory requirement for GP practices to inform them? " I concur, the GP should, that's assuming they know the patient has a driving licence. However, are GP's allowed to discuss a patients medical circumstances with anyone other than the patient? | |||
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" However, are GP's allowed to discuss a patients medical circumstances with anyone other than the patient?" nope. Patient confidentiality | |||
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"Dvla said he could drive. So who to blame? Dvla, him or the gp? Silly from people calling for prosecution. He is not guilty of anything." DVLA didn't have all the facts cos he didn't tell them. | |||
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"Dvla said he could drive. So who to blame? Dvla, him or the gp? Silly from people calling for prosecution. He is not guilty of anything. DVLA didn't have all the facts cos he didn't tell them." ffs how do you know he didnt you assume from what you read in the media.......well known for dealing in fact. Heres an idea put faith in the cps and their measures for prosecution | |||
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"Dvla said he could drive. So who to blame? Dvla, him or the gp? Silly from people calling for prosecution. He is not guilty of anything. DVLA didn't have all the facts cos he didn't tell them.ffs how do you know he didnt you assume from what you read in the media.......well known for dealing in fact. Heres an idea put faith in the cps and their measures for prosecution" The CPS writ doesn't run in Scotland. Evidence has been led and corroborated so we know he didn't tell the DVLA. I dunno why people are so keen to make this guy out to be the victim in this matter. | |||
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"Dvla said he could drive. So who to blame? Dvla, him or the gp? Silly from people calling for prosecution. He is not guilty of anything. DVLA didn't have all the facts cos he didn't tell them.ffs how do you know he didnt you assume from what you read in the media.......well known for dealing in fact. Heres an idea put faith in the cps and their measures for prosecution The CPS writ doesn't run in Scotland. Evidence has been led and corroborated so we know he didn't tell the DVLA. I dunno why people are so keen to make this guy out to be the victim in this matter." None of us know the facts, unless they were in court/at the enquiry. People are making assumptions on what is written in the paper, which never has all the facts because boring stuff doesn't sell papers. I only commented on the fact that those deaths will haunt him for the rest of his days, and raised the question of GPs being required to inform the DVLA. How that could happen would require a lot of work by them, and there will probably always be loopholes because there always is. I don't know what the solution would be, but if the procurator fiscal has decided there is no charge, then I would hope that they've made an informed decision, because that is their job. | |||
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"Dvla said he could drive. So who to blame? Dvla, him or the gp? Silly from people calling for prosecution. He is not guilty of anything. DVLA didn't have all the facts cos he didn't tell them.ffs how do you know he didnt you assume from what you read in the media.......well known for dealing in fact. Heres an idea put faith in the cps and their measures for prosecution The CPS writ doesn't run in Scotland. Evidence has been led and corroborated so we know he didn't tell the DVLA. I dunno why people are so keen to make this guy out to be the victim in this matter. None of us know the facts, unless they were in court/at the enquiry. People are making assumptions on what is written in the paper, which never has all the facts because boring stuff doesn't sell papers. I only commented on the fact that those deaths will haunt him for the rest of his days, and raised the question of GPs being required to inform the DVLA. How that could happen would require a lot of work by them, and there will probably always be loopholes because there always is. I don't know what the solution would be, but if the procurator fiscal has decided there is no charge, then I would hope that they've made an informed decision, because that is their job. " Reporting as fact, evidence which was not led in court is contempt of court. We're now on Day 9 of the FAI and nobody has claimed any of the evidence repeated in the media is contempt. | |||
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"I remember years ago some guy in a Range Rover had an epileptic fit in Glasgow killed 2 people. Never disclosed to the dvla about his condition.. Was he jailed? Nah." Update from The Herald. THE families of two students who were killed by a driver with a history of blackouts have made a formal complaint to the Crown Office over the way their case was dealt with. Friends Laura Stewart, 20, and Mhairi Convy, 18, were hit by driver William Payne when he passed out at the wheel of his Range Rover in North Hanover Street, Glasgow, in December 2010. He had suffered six previous blackouts and failed to notify the DVLA about them. However the Crown Office revealed earlier this year that they will not prosecute the driver. | |||
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"Onny you know nothing apart from what you have read......you were there when he blackedout....you attended his doctors during diagnosis.....you helped fill in the forms.....you handled the forms .....no you read snippets of info and jumped to a conclusion never mind that the snippets you read were designed to lead you to a conclusion. If the cps feel there is no further case to answer thats enough for me or should we get out the pitch forks ?" This is the Fab forums, pitchforks and snippets of misinformation are mandatory! | |||
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"Disgrace that there can be no prosecution, someone should be going to jail" Why can't they prosecute? I haven't really been following the whole inquiry. . | |||
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"Really wish this tread was shut down. Knew the 3 people from Dumbarton who lost there life that day. Find it so upsetting seeing all the details ." How do you deal with the coverage in the press. on the telly or on the radio? | |||
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"Really wish this tread was shut down. Knew the 3 people from Dumbarton who lost there life that day. Find it so upsetting seeing all the details . How do you deal with the coverage in the press. on the telly or on the radio?" Don't read the pappers when the news comes on just turn it over when I here it mentioned . | |||
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"Really wish this tread was shut down. Knew the 3 people from Dumbarton who lost there life that day. Find it so upsetting seeing all the details . How do you deal with the coverage in the press. on the telly or on the radio? Don't read the pappers when the news comes on just turn it over when I here it mentioned ." you can also choose not to read this post | |||
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" So, my question is - who SHOULD be responsible for making the decision to drive or not? " Him.... and he was wrong if the evidence is correct. and he will live with it for the rest of his life. | |||
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"Really wish this tread was shut down. Knew the 3 people from Dumbarton who lost there life that day. Find it so upsetting seeing all the details ." Then don't read the thread, quite simple really. Almost as if your pulling for attention that you knew 3 of them. | |||
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" So, my question is - who SHOULD be responsible for making the decision to drive or not? Him.... and he was wrong if the evidence is correct. and he will live with it for the rest of his life." See, I don't think it should be down to the driver, I believe it should be the health professional who should inform the DVLA and then investigate the medical causes promptly so as to avoid lengthy delays. | |||
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"Really wish this tread was shut down. Knew the 3 people from Dumbarton who lost there life that day. Find it so upsetting seeing all the details . How do you deal with the coverage in the press. on the telly or on the radio? Don't read the pappers when the news comes on just turn it over when I here it mentioned .you can also choose not to read this post " Actually, it's easier in Fab cos here you have to make a conscious decision to click on the Bin Lorry thread. | |||
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"I haven't read all the comments obviously the thread shows up on the forum when a new comment is posted. Anyway no long will I post on it now." The thread title shows up but you have to click on it to read the posts you don't want to read. | |||
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" So, my question is - who SHOULD be responsible for making the decision to drive or not? Him.... and he was wrong if the evidence is correct. and he will live with it for the rest of his life. See, I don't think it should be down to the driver, I believe it should be the health professional who should inform the DVLA and then investigate the medical causes promptly so as to avoid lengthy delays. " but if they haven't declared it, or sought medical advice and they continue driving knowing they may black out.... a person is ultimately responsible for their own actions | |||
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"Sorry ...on a random note ...Hope your well View " all good here thank you | |||
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" and he will live with it for the rest of his life. See, I don't think it should be down to the driver, I believe it should be the health professional who should inform the DVLA and then investigate the medical causes promptly so as to avoid lengthy delays. but if they haven't declared it, or sought medical advice and they continue driving knowing they may black out.... a person is ultimately responsible for their own actions" Ok, I agree with people being responsible for their own actions but in this case, he has had several medicals to keep his licence so surely it's down to the doctor carrying out the medical to only pass him fit AFTER seeing his FULL medical history. If that had been the case, doctors that have taken the stand during the FAI have admitted they wouldn't have allowed him to continue to drive and would have notified the DVLA | |||
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" and he will live with it for the rest of his life. See, I don't think it should be down to the driver, I believe it should be the health professional who should inform the DVLA and then investigate the medical causes promptly so as to avoid lengthy delays. but if they haven't declared it, or sought medical advice and they continue driving knowing they may black out.... a person is ultimately responsible for their own actions Ok, I agree with people being responsible for their own actions but in this case, he has had several medicals to keep his licence so surely it's down to the doctor carrying out the medical to only pass him fit AFTER seeing his FULL medical history. If that had been the case, doctors that have taken the stand during the FAI have admitted they wouldn't have allowed him to continue to drive and would have notified the DVLA " I am happy to agree to disagree. He knew he had blackouts and he chose to drive a lorry capable of inflicting injury or death to others, and he/it did. | |||
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" and he will live with it for the rest of his life. See, I don't think it should be down to the driver, I believe it should be the health professional who should inform the DVLA and then investigate the medical causes promptly so as to avoid lengthy delays. but if they haven't declared it, or sought medical advice and they continue driving knowing they may black out.... a person is ultimately responsible for their own actions Ok, I agree with people being responsible for their own actions but in this case, he has had several medicals to keep his licence so surely it's down to the doctor carrying out the medical to only pass him fit AFTER seeing his FULL medical history. If that had been the case, doctors that have taken the stand during the FAI have admitted they wouldn't have allowed him to continue to drive and would have notified the DVLA " Doctors have no responsibility to report to the authorities, except in the case of a notifiable disease (like ebola). A patient who knew a doctor was obliged to report their condition to eg DVLA might be discouraged from seeing a doctor. People have to take responsibility for their own actions and behaviour. | |||
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" and he will live with it for the rest of his life. See, I don't think it should be down to the driver, I believe it should be the health professional who should inform the DVLA and then investigate the medical causes promptly so as to avoid lengthy delays. but if they haven't declared it, or sought medical advice and they continue driving knowing they may black out.... a person is ultimately responsible for their own actions Ok, I agree with people being responsible for their own actions but in this case, he has had several medicals to keep his licence so surely it's down to the doctor carrying out the medical to only pass him fit AFTER seeing his FULL medical history. If that had been the case, doctors that have taken the stand during the FAI have admitted they wouldn't have allowed him to continue to drive and would have notified the DVLA Doctors have no responsibility to report to the authorities, except in the case of a notifiable disease (like ebola). A patient who knew a doctor was obliged to report their condition to eg DVLA might be discouraged from seeing a doctor. People have to take responsibility for their own actions and behaviour." From what I have heard, he was dismissed from a bus company because of his medical condition and either lied to the council or the council didn't follow through on health checks, one way or another he should not have been driving a deadly machine, quite simple in my eyes | |||
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"its to personal for me so. no further comments from me" It must be so distressing to have to say that....twice. | |||
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"I think it comes down to his inability to admit he was ill and a lack of legislation requiring medical staff to inform the DVLA when there is a problem that could affect someone's ability to control a motor vehicle. " You would have to rely on the person telling his or her doctor...so it seems this man didn't tell it as it was and said his dizzy spell was in a canteen but it was really at the wheel of a bus. | |||
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"I think it comes down to his inability to admit he was ill and a lack of legislation requiring medical staff to inform the DVLA when there is a problem that could affect someone's ability to control a motor vehicle. You would have to rely on the person telling his or her doctor...so it seems this man didn't tell it as it was and said his dizzy spell was in a canteen but it was really at the wheel of a bus." But his doctor had access to his records and has admitted that there were numerous incidents over the years. So why didn't that doctor do something? | |||
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"What exactly is it that you want to happen to the driver? It is not a criminal offence to fail to declare a condition to DVLA and neither is it a criminal offence to mislead a potential employer by not declaring things on an application form. " This is the crux of it and it's this that I think needs to change - by all accounts thus driver and many others have blatant disregard for the DVLA notification process, which is there to prevent such tragedies, so the penalty for not declaring to the best of your knowledge any medical condition that *may* potentially affect your ability to control a vehicle had to be much, much harsher. The fact the bin lorry driver re-applied for an HGV licence this year beggars belief to me, and to me would indicate he doesn't give a damn about the lives he's taken or those he could take again if he blacks out again | |||
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"100% spot on . Untill the facts had come out over the last few weeks I felt sorry for him but not now I do think over the coming weeks he will be charged " That's tricky. He's due to give evidence later this week or early next and he has to know whether he has any chance of being charged so he isn't obliged to incriminate himself. Do we want someone blamed (and punished) or do we want to know what happened? | |||
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"100% spot on . Untill the facts had come out over the last few weeks I felt sorry for him but not now I do think over the coming weeks he will be charged That's tricky. He's due to give evidence later this week or early next and he has to know whether he has any chance of being charged so he isn't obliged to incriminate himself. Do we want someone blamed (and punished) or do we want to know what happened?" Not often I agree with you Onny ,but this time your spot on. I think we want to know why it happened, which is what the FAI is about... But I think we try to use it to apportion blame. As a side note I think it is shocking and callous that this individual, has applied for his HGV license back. | |||
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"100% spot on . Untill the facts had come out over the last few weeks I felt sorry for him but not now I do think over the coming weeks he will be charged That's tricky. He's due to give evidence later this week or early next and he has to know whether he has any chance of being charged so he isn't obliged to incriminate himself. Do we want someone blamed (and punished) or do we want to know what happened? Not often I agree with you Onny ,but this time your spot on. I think we want to know why it happened, which is what the FAI is about... But I think we try to use it to apportion blame. As a side note I think it is shocking and callous that this individual, has applied for his HGV license back. " believing what we read is the biggest problem. most of what we read has been designed to lead us in a direction. if it was a trial and we were to only read the defence story would it not be a diffrent story.the biggest problem is everyone seems to think they know best instead of accepting there are folk know far better what has happened.and are in a better position to put any punishments in place | |||
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"Get out of Jail Free Card? What is the imprisonable offence that he has allegedly committed? He did not drive carelessly and he did not drive dangerously. He was unconscious He cannot be compelled to give evidence that may incriminate him. A Senior Procurator Fiscal recently got her job back despite having pled guilty to a charge of dangerous driving where she deliberately carried out a reckless manoeuvre that led to a collision where both she and the driver of the other care were seriously injured. She had intent and disregard for the law. This poor bloke took ill. " Took ill doing something he shouldn't have been able to, if the DVLA knew of his history of passing out he's unlikely to have his licence so wouldn't have been able to KILL 6 people, 'poor bloke' my arse, 'fucking idiot' more like. | |||
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"Mr S here, I agree that he lied and could be prosecuted under the 'Fraud' banner but as suggested to get the FAI he was told he would not be prosecuted over the deaths. Who are we to judge this man how many of us too as Heather said get behind the wheel of a machine that could kill one or many people depending on the circumstance. Have you started driving when your tired? taken some medication that you didnt bother reading the possible side effects which most likley will include the statement "may cause drowsiness do not operate heavy machinery" or drive? or forget to tell the DVLA/insurance about the pending 3 points on your license due to speeding. Or telling your insurance company you dont have anything that would impede your driving, or the car is parked on the driveway but really on the street. You havent modified the car but you have changed the stereo or put alloys on the car. Or when your driving you have been speeding or been an amber gambler. All of the above is the same as lying about your health, circumstances just to get behind the wheel of a car/bus/truck/motorbike. If we all took a look at ourselves we will find we have done something similar in our time driving this driving and the people that were killed were very unfortunate that day that everything conspired to cause the accident." This is EXACTLY how i feel about IT. Well said Mrs S ..... | |||
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"Mr S here, I agree that he lied and could be prosecuted under the 'Fraud' banner but as suggested to get the FAI he was told he would not be prosecuted over the deaths. Who are we to judge this man how many of us too as Heather said get behind the wheel of a machine that could kill one or many people depending on the circumstance. Have you started driving when your tired? taken some medication that you didnt bother reading the possible side effects which most likley will include the statement "may cause drowsiness do not operate heavy machinery" or drive? or forget to tell the DVLA/insurance about the pending 3 points on your license due to speeding. Or telling your insurance company you dont have anything that would impede your driving, or the car is parked on the driveway but really on the street. You havent modified the car but you have changed the stereo or put alloys on the car. Or when your driving you have been speeding or been an amber gambler. All of the above is the same as lying about your health, circumstances just to get behind the wheel of a car/bus/truck/motorbike. If we all took a look at ourselves we will find we have done something similar in our time driving this driving and the people that were killed were very unfortunate that day that everything conspired to cause the accident. This is EXACTLY how i feel about IT. Well said Mrs S ..... " oops MR S ....sorry | |||
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"I think this man has suffered enough. Ok he failed to disclose his medical history but anyone good man in a position where he was the sole provider for his family would do the same when faced with losing his livelihood . This blame culture needs to stop. What difference would it make if he was stoned or sent to jail for the rest of his life. This guy probably wishes he'd died too and yet instead of a wee bit of empathy and understanding that this could have happened to anyone we choose to persecute him. Bollocks!" as I pointed out earlier..the press are making this a witch hunt.I of course have sympathy and empathy for those who lost their lives and those affected. What we are now seeing is the guy being photographed akin to mug shots(the type of shot thats made to make someone look worse in any situation), as if the guy's trying to throw everything back in the faces of anyone. Soon it'll be a pic of him eating a bacon sandwich and the headline "BIN LORRY MURDERER EATS BACON ROLL" | |||
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"I think this man has suffered enough. Ok he failed to disclose his medical history but anyone good man in a position where he was the sole provider for his family would do the same when faced with losing his livelihood . This blame culture needs to stop. What difference would it make if he was stoned or sent to jail for the rest of his life. This guy probably wishes he'd died too and yet instead of a wee bit of empathy and understanding that this could have happened to anyone we choose to persecute him. Bollocks!" he could of got another dead end job that didnt risk the lives of other people. blame culture? he killed six people? he knew he would black out again, he nrw a bin lorry was likely to kill someone. the difference in sending him to jail would be a deterrent to stop other people and to stop him doing it again next week. he has already applied for his licence back, he couldnt give a dam about killing six people. normaly when I'm left fuming on the forums its because of some nut. I cant believe so many decent people have got this wrong. | |||
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"I think this man has suffered enough. Ok he failed to disclose his medical history but anyone good man in a position where he was the sole provider for his family would do the same when faced with losing his livelihood . This blame culture needs to stop. What difference would it make if he was stoned or sent to jail for the rest of his life. This guy probably wishes he'd died too and yet instead of a wee bit of empathy and understanding that this could have happened to anyone we choose to persecute him. Bollocks! he could of got another dead end job that didnt risk the lives of other people. blame culture? he killed six people? he knew he would black out again, he nrw a bin lorry was likely to kill someone. the difference in sending him to jail would be a deterrent to stop other people and to stop him doing it again next week. he has already applied for his licence back, he couldnt give a dam about killing six people. normaly when I'm left fuming on the forums its because of some nut. I cant believe so many decent people have got this wrong. " | |||
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"I think this man has suffered enough. Ok he failed to disclose his medical history but anyone good man in a position where he was the sole provider for his family would do the same when faced with losing his livelihood . This blame culture needs to stop. What difference would it make if he was stoned or sent to jail for the rest of his life. This guy probably wishes he'd died too and yet instead of a wee bit of empathy and understanding that this could have happened to anyone we choose to persecute him. Bollocks! he could of got another dead end job that didnt risk the lives of other people. blame culture? he killed six people? he knew he would black out again, he nrw a bin lorry was likely to kill someone. the difference in sending him to jail would be a deterrent to stop other people and to stop him doing it again next week. he has already applied for his licence back, he couldnt give a dam about killing six people. normaly when I'm left fuming on the forums its because of some nut. I cant believe so many decent people have got this wrong. " what other dead end job?-might be likely anything else he would have been crap at or he would be not wanted due his ability or age, perhaps most jobs dont have the security he needed.. I think glasgow has suffered many accidents in recent history, cant we agree it should be something that we provide solutions for and not jumping into punishment?-if there is any 'punishment'-why is prison the only thing on peoples minds..its hardly been a deterrent to many goal orientated criminal.. | |||
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"I think this man has suffered enough. Ok he failed to disclose his medical history but anyone good man in a position where he was the sole provider for his family would do the same when faced with losing his livelihood . This blame culture needs to stop. What difference would it make if he was stoned or sent to jail for the rest of his life. This guy probably wishes he'd died too and yet instead of a wee bit of empathy and understanding that this could have happened to anyone we choose to persecute him. Bollocks! he could of got another dead end job that didnt risk the lives of other people. blame culture? he killed six people? he knew he would black out again, he nrw a bin lorry was likely to kill someone. the difference in sending him to jail would be a deterrent to stop other people and to stop him doing it again next week. he has already applied for his licence back, he couldnt give a dam about killing six people. normaly when I'm left fuming on the forums its because of some nut. I cant believe so many decent people have got this wrong. " the biggest problem with your train of thought is he hasnt admitted any of these blackouts. Why are folk so hell bent on what they read in the papers its more akin to fiction than fact. Lots of use of "allegation" "he may have" "in the suns opinion".perhaps its not that people have it wrong but place their faith in our system | |||
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"I think this man has suffered enough. Ok he failed to disclose his medical history but anyone good man in a position where he was the sole provider for his family would do the same when faced with losing his livelihood . This blame culture needs to stop. What difference would it make if he was stoned or sent to jail for the rest of his life. This guy probably wishes he'd died too and yet instead of a wee bit of empathy and understanding that this could have happened to anyone we choose to persecute him. Bollocks! he could of got another dead end job that didnt risk the lives of other people. blame culture? he killed six people? he knew he would black out again, he nrw a bin lorry was likely to kill someone. the difference in sending him to jail would be a deterrent to stop other people and to stop him doing it again next week. he has already applied for his licence back, he couldnt give a dam about killing six people. normaly when I'm left fuming on the forums its because of some nut. I cant believe so many decent people have got this wrong. the biggest problem with your train of thought is he hasnt admitted any of these blackouts. Why are folk so hell bent on what they read in the papers its more akin to fiction than fact. Lots of use of "allegation" "he may have" "in the suns opinion".perhaps its not that people have it wrong but place their faith in our system " the problem with your train of thought is every media outlet in the country has quoted documentary evidence and leading q.c's that he did admitted to the black outs do you have any proof there all lying? | |||
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"It's a swinging site!!! Why the fuck would you want to post a topic about such a thing???? Unbelievable!!! " Think you are new to the site...not everyone needs to talk about sex. Thanks for the input though...never knew about the sex side of things...wow | |||
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"Try reading them again at no point has the driver admitted it. The bus depot superviser said he believed he blacked out and others the medical evidence is also supposition. And if all this were actual fact and provable im sure there would be prosecution. Why not accept with the evidence available the prosecution decided there is no case to answer or do you really know better" dorothy bain qc qouted from his medical record there were reports of dizziness and fainting from him dated back to 1976 and said clarke was dizzy while driving a bus in 94. she added a cardiologist reported he had suffered from dizziness for four years. a letter from first bus sent to a doctor at his gps practice said the driver had an episode ofloss of or impaired coconscious while on a stationary bus. clearly its claimed he admitted it to his doctor. who do you think is lying? dozens of reporters, the q.c's, the doctors or his colleagues? or every single one of them? | |||
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"Try reading them again at no point has the driver admitted it. The bus depot superviser said he believed he blacked out and others the medical evidence is also supposition. And if all this were actual fact and provable im sure there would be prosecution. Why not accept with the evidence available the prosecution decided there is no case to answer or do you really know better dorothy bain qc qouted from his medical record there were reports of dizziness and fainting from him dated back to 1976 and said clarke was dizzy while driving a bus in 94. she added a cardiologist reported he had suffered from dizziness for four years. a letter from first bus sent to a doctor at his gps practice said the driver had an episode ofloss of or impaired coconscious while on a stationary bus. clearly its claimed he admitted it to his doctor. who do you think is lying? dozens of reporters, the q.c's, the doctors or his colleagues? or every single one of them?" there were reports of dizziness and fainting .....how many folk over this extended period of time have suffered from dizzieness or fainting .....cardiologist or any medical practioner listen to folks long term problems all the time but no diagnosis. Ergo fit and healthy in the eyes of our govt bus letter it is "claimed" by a third party that he was unconcious that dosnt say he was. He may have told his doctor about dizzy spells but there is no diagnosis of anything so in the eyes of the govt he is fit and well and able to work. The issues around filling out dvla forms and lying no one knows if he was lying as he there is no supporting evidence im an ordinary guy and thats my _iew ......now we have experts in this field who after re_iewing all this apparent obvious guilty evidence who say no case to answer it was an accident but that isnt good for some there must be a witchhunt and someone must be guilty | |||
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"The decision taken by the Law Officers (Lord Advocate and Solicitor General) not to prosecute cannot be the subject of any challenge by Judicial Re_iew. They act independently and have the final say. There can and will be no prosecution. And a private prosecution has no chance of success" Whilst I agree with the first point, a private prosecution will always stand a chance as the burden of proof is less. That being said, I agree it is unlikely to succeed as there is no evidence that the driver intended to kill on that day. As I've said before, despite the medical history of the driver, sadly it was a tragic accident. | |||
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" That being said, I agree it is unlikely to succeed as there is no evidence that the driver intended to kill on that day. As I've said before, despite the medical history of the driver, sadly it was a tragic accident. " Whether he intended to kill or not won't matter though. You could argue someone who's had a few drinks doesn't intend to kill but if they do then they are liable. Also, I could be wrong, but hasn't there been cases of lorry drivers being prosecuted after it was shown they had caused an accident after not having enough rest and therefore driving whilst tired? They obviously don't intend to kill either. | |||
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" That being said, I agree it is unlikely to succeed as there is no evidence that the driver intended to kill on that day. As I've said before, despite the medical history of the driver, sadly it was a tragic accident. Whether he intended to kill or not won't matter though. You could argue someone who's had a few drinks doesn't intend to kill but if they do then they are liable. Also, I could be wrong, but hasn't there been cases of lorry drivers being prosecuted after it was shown they had caused an accident after not having enough rest and therefore driving whilst tired? They obviously don't intend to kill either." True, but drivers who break the rules are easy to prosecute. As far as I can work out, he didn't actually break any rules on the day. | |||
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"It's a swinging site!!! Why the fuck would you want to post a topic about such a thing???? Unbelievable!!! " . Though it is a sex site , the normal rules of conversation apply and you are entitled to discuss any topic you like .There is a limit to the number of discussions you can have about sex and it becomes boring after the while . Many of the most successfull members if this site contribute to topics which have nothing to do with sex . | |||
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" That being said, I agree it is unlikely to succeed as there is no evidence that the driver intended to kill on that day. As I've said before, despite the medical history of the driver, sadly it was a tragic accident. Whether he intended to kill or not won't matter though. You could argue someone who's had a few drinks doesn't intend to kill but if they do then they are liable. Also, I could be wrong, but hasn't there been cases of lorry drivers being prosecuted after it was shown they had caused an accident after not having enough rest and therefore driving whilst tired? They obviously don't intend to kill either." . However the number of hours which lorry and bus drivers can drive are defined in the drivers hours regulations and as such it is easy to prosecute because you have either adhered to them or you have not . In this case _the issue is whether the driver informed the DVLA of his blackouts . Had he informed them he would have had his licence suspended pending further investigations . ? Do we know the exact date of his last blackout before the accident ?.. | |||
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" If this is the case then it looks like what people said about him lying about his licence so he could provide for his family is not really the case....he is just a selfish man who doesn't give a shit whether he is a danger to anyone or not" | |||
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"....he is just a selfish man who doesn't give a shit whether he is a danger to anyone or not" I think that came out at the FAI, he deserves all he gets. | |||
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"Driving without a license is not the same as driving while disqualified. Only a court can disqualify and that has not happened in this case. At most the penalty will be 3 penalty points and a fine. There will be no imprisonment for this offence. He has not been banned from driving. That is a serious offence which could, technically, carry a custodial sentence. " Will driving without a licence automatically invalidate insurance (in the unlikely event he's bothered by such trivia)? | |||
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"Should throw him in jail and throw away the key" Bit harsh, it's not as though he's killed anyone... ... This time | |||
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"Should throw him in jail and throw away the key Bit harsh, it's not as though he's killed anyone... ... This time" He may find himself safer in jail. | |||
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"Driving without a license is not the same as driving while disqualified. Only a court can disqualify and that has not happened in this case. At most the penalty will be 3 penalty points and a fine. There will be no imprisonment for this offence. He has not been banned from driving. That is a serious offence which could, technically, carry a custodial sentence. Will driving without a licence automatically invalidate insurance (in the unlikely event he's bothered by such trivia)?" Yeah. There may be a charge of driving without insurance if he did actually drive. He could be banned for that but again only a financial penalty could be imposed | |||
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