Glasgow & West Scotland

Private prosecution bid over bus blackout death

David Logue and Jim Lochrie Image copyright Spindrift and Police Scotland
Image caption David Logue (left) blacked out at the wheel of the bus which went on to hit Jim Lochrie

The family of a bus driver who died after a colleague fainted at the wheel are seeking legal aid to bring a private prosecution.

Jim Lochrie, 62, died after being hit by a vehicle driven by David Logue at a bus stop in Glasgow on 31 March 2012.

A fatal accident inquiry later found the death may have been avoided if Mr Logue had followed advice following previous faints or not driven at all.

Mr Lochrie's family are seeking legal advice about a private prosecution.

They told the Rutherglen Reformer newspaper that they want legal aid for the move, following confirmation that legal aid had been granted to families of victims in the Glasgow bin lorry crash for a similar legal move.

'Special circumstances'

The Scottish government announced on 9 March that the McQuade and Sweeney families, who lost three family members in the 2014 bin lorry crash which killed six people, would be given legal aid to pursue a private case due to the "unique and special circumstances" of the case.

Legal aid has also been made available to bin lorry crash driver Harry Clarke and to William Payne, who knocked down and killed students Mhairi Convy and Laura Stewart when he blacked out at the wheel in Glasgow in 2010.

The families of the students are also pursuing a private prosecution but it is understood they have made no application for funding.

Fatal accident inquiries into both of those tragedies also found the drivers had a history of blackouts.

Legal advice

Mr Lochrie's younger brother Archie told the Rutherglen Reformer: "Obviously Jim's name wasn't mentioned in the Scottish government statement.

"But my sister Yvonne has made an appointment with a lawyer for to see whether or not he can do the same thing for us."

A fatal accident inquiry heard that Mr Logue crashed a bus in January 1998 and in June 2008 as a result of fainting, before he passed out and knocked down Mr Lochrie on Cathcart Road on 31 March 2012.

Sheriff Kenneth Mitchell said the death may have been avoided if Mr Logue had followed medical advice or not driven at all.

The Crown Office decided not to prosecute Mr Logue over the crash, ruling there was "insufficient evidence" - the same reasoning given for not prosecuting Mr Clarke.

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