21/01/2016 Reporting Scotland

like the winter weather for now is a bit of a thing of the past.

So it's goodbye from me and on BBC One we now join the BBC's

Families of victims in both these crashes launch private prosecutions

Our girls, two lives, can be worth something, they are just not swept

they are just not swept under the carpet.

The death of Fife grandmother Mary Logie - a neighbour appears

The number of drink drivers caught by the police went up over

the festive period - and it's not just down

Delight, as semi-professional team East Kilbride triumph in the Cup

and prepare to face Celtic in the next round.

And could gin challenge whisky as our favourite spirit?

The families of two young women killed when a driver blacked out

at the wheel of his car in Glasgow five years ago are seeking to bring

Mairi Convy and Laura Stewart died, when William Payne fell unconscious

It comes as the family of three victims of the Glasgow bin lorry

crash start a private prosecution against driver Harry Clarke.

Six people lost their lives when the bin lorry careered out of control

three days before Christmas in 2014. Now the family of 18-year-old Erin

McQuaid and her grandparents are trying to start private criminal

proceedings against Harry Clarke. Yesterday they delivered a bill for

criminal letters to the Crown Office and hope it will lead to a private

prosecution. They want justice, they are not a

Lynch mob, the family do not consider they have to attend outside

a cell with a noose, and hang him at all, what they want to see justice

being done and the natural course of justice will be a criminal

prosecution if the driver is acquitted he is acquitted. It is as

simple as that. The family can move on. But in six years' time at least

they can say that they have done the best for their parents they have

lost and the daughter they lost. During the fatal accident inquiry

into the crash, it emerged the driver Harry Clarke had a medical

history of black outs spanning decades that he failed to disclose

to his employers and the DVLA, but the Crown Office insisted there was

not enough evidence in law to prosecute him. Almost exactly four

years before the George square crash there was another tragedy a quarter

of a mile away. Mairi Convy and Laura Stewart were killed in north

than know very street in 2010 when they were knocked down by driver

William Payne. This morning their families lodged a similar bill,

calling for his prosecution. Both Laura and Mairi's family have been

brought together by their fight for justice for the girls They were

friends at college, they were killed together, so that binds us, as

families. We have fought this fight for five year, we have held each

other, we have been support, we have cried together, laughed together. We

have been there for each other because the girls were there for

each other, we owe it to them and we owe it to the memory, and the

futures they have been robbed of. I think that our girls two lives can

be worth something, they are not just swept under the carpet. It

be worth something, they are not up there where Laura and Mairi were

killed. Literally just yards from here George Square, where the bin

lorry crashed into the wall of the millennium hotel. In each case, the

driver had a medical history of black outs, in each case there was

no criminal prosecution. And the families who are now pursuing these

private prosecutions feel justice wasn't done for their loved ones.

Now, the families have to wait to see if their bids to have the first

private prosecutions this century can overcome the many legal hurdles

can overcome the many legal hurdles they face.

Well, joining us now is our home affairs correspondent Reevel

Reevel, talk us through some of these legal hurdles.

They are difficult. Two cases last century as Katsina mentioned. One in

1909 and the other in 1982. In each case the Lord Advocate gave what is

called a concurrence, that is to say he signified that the case could guy

ahead. There is strong evidence in these two cases that not going to

happen. If the Lord Advocate says no, it can go to High Court. They

can allow it to go ahead but first of all, there are two other hurdles

that people must overcome. The first is sufficiency of evidence. In other

words, the court has to be satisfied that the case had a reasonable

chance of success. The court must also establish whether there are

exceptional circumstances to allow a private prosecution, and that could

be a very difficult hurdle to overcome, bearing in mind that the

Crown has decided that in law they can't bring a prosecution. And why

might frank Mulholland not be willing to allow a private crossing.

For the same reason as the Crown couldn't bring a prosecution. Last

August Mr Mulholland told BBC Scotland in law the lorry driver in

the bin lorry case, Harry Clarke couldn't be charged for two main

reason, first he was unconscious at the time of the accident, therefore

there was no criminal intent that could be demonstrated to the court.

Secondly, it had been four years before since his last fainting

episode so he couldn't have known that day he was going to collapse

and cause the dv station he did. Thank you. -- devastation.

A 40-year-old woman has appeared in court charged with the murder

Sandra Weir, who was a neighbour, made no plea or declaration

Mrs Logie, who was 82, was found dead in her home just over

Flowers outside the house that Mary Logie called home for more than half

her life. A grandmother, a mother of three, it is exactly two weeks since

police released this picture of the 82-year-old. Two days earlier she

had been planning a trip into town before visiting a friend in

hospital. That didn't happen. Instead, she was found dead in her

nightdress, the victim of what police described as a brutal and

horrendous attack. The high profile police operation that followed was

aimed as catching her killer, while also reassuring locals with extra

officers is on the street. Not far away, at the church where Mairi --

Mary was better known as Ray, the minister says it has been a

difficult fortnight. There were a few people on the Sunday afterwards,

as we mentioned her in the prayers who were visibly upset, about what

had happen. Your can imagine that. There is a lot of people live in

this community who live on their own, older ladies who live on their

own, and that was a worry thing for them, that this is happening in the

area. This afternoon, a few miles along

the Fife coast, a neighbour appeared in court charged with her murder.

40-year-old Sandra Weir made no plea or declaration during a short

hearing held in private. The Sheriff remanded her in custody. It is

expected she will return to court next week.

You're watching Reporting Scotland from the BBC.

Still to come on tonight's programme.

A new beginning beckons for an historic Stirling landmark.

In sport - Murray is in magnificent form at the Australian Open tennis.

The semi-professional footballers who're living the dream in East

Scotland's 32 councils are in the midst of trying to figure

out how to pay for services at a time when funds

They get most of their cash from the Scottish Government,

but many say they need more details of this year's funding plan before

Tonight, Edinburgh Council became the first to pass its budget,

but another rejected the current government offer.

Here's our local government correspondent, Jamie McIvor.

Passions are running high on local service, this was the scene outside

Edinburgh council today. It is planning 2,000 job cuts and

reductions to some local services. I say resign. Councils get most of

their cash from the Scottish Government. Most of them say the

deal on offer means they will need to make more savings this year than

they expected. There is concern here about some of the cuts Edinburgh is

proposing but at the same time there is sympathy for the financial

situation facing local Governments. The leader of the council said this

morning that local Government funding is broken, and it certainly

is broken. In Holyrood they node to take responsibility for that.

-- need. Edinburgh is the first council to set its budget for the

the year ahead. Many others still haven't accepted the Government's

funding offer. Tonight, one Labour council said they would turn it down

outright if it didn't change. I have written to the Government. We are

telling the Government day and daily they need to provide more money for

local service, if they want to continue with the rhetoric they have

round that tackling austerity, they need to provide the money to provide

those services. Many councils have concerns or query, so much so the

Finance Secretary sent them this letter, seen by BBC Scotland. He

told them he was putting back the deadline for accepting the offer,

originally it was tomorrow. First Minister... At Holyrood, the first

minute stir defended council funding. In terms of overall revenue

expenditure of Local Authorities, they are looking at a 2% reduction,

and that is before we take account of additional resources for social

care, additional resources through the attainment fund and the

additional investment we plan over the life of the next Parliament in

transforming the provision of childcare.

Back at the council many protestors claimed putting up the council tax

this year could help. So far, only Murray -- Moray Council plan do this

but a few more may follow. News website has published sections

of a draft report which says incidents occurred at virtually

every one of the BBC premises in which Savile worked. BBC head Lord

Hall says lessons will be learned from what he described as a dark

chapter. More drivers were caught drink

driving during the recent festive period - that's despite police

breath-testing fewer motorists The vast majority of those caught

had drunk enough to ensure they'd have failed the breathalyser even

before the limit was lowered Here's Aileen Clarke,

with a look at the figures. Well, here is the number of those

who fell foul of the breathalyser during the police's latest festive

drink drive campaign. 459 drivers tested positive,

up by almost a third on last year, and that increase is despite there

being almost 1,300 fewer breath tests actually carried

out this year. Now the police point

to the overall trend - that's the number of people

caught right through out Now traffic officers don't count

the total number of breath tests they do outside the special

campaigns in the summer and in the festive period,

but even so, you can see here that the numbers caught drink

driving is in general coming In fact, it's more

than halved since 2006. But that last annual figure we have

of more than 5,200 drunk drivers still came as a shock to some people

I spoke to in Glasgow today. I wouldn't think it would be a great

deal to be honest. People know now not to touch it. If I told you it is

more than 100 drives a week? That is a lot. That is a lot, aye. Surprised

at that really. It is quite high and I think it has to come down. I agree

with the new drink-driving laws. In a population of over 5 million. I

don't think so, no. I got educated the hard way. I lost my license for

22 months, heavily fined. I went to a drink-driving awareness course and

I realised that even after a couple of pints, you are in charge of a

you are in charge of a lethal weapon.

That man suggests more driver education is needed.

The police admit they are disappointed with this sharp rise

in drunk drivers over the festive season.

There are still a hard-core, a minority of people in Scotland

prepared to take the risk to themselves and others, of drinking

and driving. That is unacceptable, as the vast majority of people in

The number of people caught in this Christmas campaign due

to the new lower limit imposed in 2014 was 19 -

now that's just one more than last year, so the vast majority

of drivers still being caught drunk at the wheel would have been caught

It started life in the 17th century as home for merchants who'd fallen

on hard times, but Stirling's Cowane's Hospital is itself in need

Plans to restore and reopen it for the community have been helped,

thanks to the promise of ?2 million from the Heritage Lottery Fund.

Our arts correspondent Pauline McLean reports.

Behind closed doors and important piece of Scottish history lies

virtually untouched. You will notice that this is not as it was

originally built. There were bedrooms upstairs originally and the

public rooms were downstairs. In the 16 40s, this was a very comfortable

home for wayward merchants. Good food, warm clothes, even the

country's first Bowling Green. They had to abide by strict rules. They

were not allowed to swear, drink, see women. They had to attend church

three times on Sunday. They literally had a very confined

lifestyle. Strict, or not, John Cowane's legacy lives on, even

though his statue has seen better days. His hand fell off, tragically.

The whole statue requires a complete overhaul and maintenance. Today, the

campaign took a step forward with a promise of ?2 million from the

Heritage lottery. It will allow them to restore the building with all the

details of the Guilds and businessmen who used it. The

businessmen used to take these pies home to prove that they have

meetings here rather than in the local pub. They are planning to sell

these pies as part of the new tourist attraction. Thanks to this

boost, Cowane's Hospital can reopen in the near future.

A look at other stories from across the country.

A man who abducted a six-year-old boy during a naked rampage through a

toy store has been jailed. He also battered the boy's grandmother with

a cricket bat as she tried to stop him. The court heard that he had

several convictions for violence in Poland. Cash will be given to shared

equity and help to buy schemes and will be targeted on families with

low income is. This is aimed at people who are earning around

?35,000 per year or less. Unlike south of the border where it is

aimed at wealthier people, we are aiming it at those who otherwise

wouldn't be able to buy their own home. Marine Harvest is to cut jobs

at its fish farms. It employs nearly 700 people at 50 sites. It is the

world's largest fish farmer but says the cuts will make its business more

sustainable. Thousands of ceramic poppies from the installation at the

Tower of London are to travel to Orkney where they will be displayed

at Saint Magnus Cathedral as part of the 100th anniversary celebrations

of the Battle of Jutland. It will have a deeply moving impact on all

those who see it. That has been the reaction across the country. I saw

it in London and it is a deeply moving spectacle. People in Orkney

will look after this sculpture while it is here and it will have a deep

impact in commemorating those who lost their lives in the Great War.

Film star Arnold Schwarzenegger surprised commuters in Edinburgh

this morning when he went for a cycle in the centre of the city. He

was spotted taking self ease with fans as he cycled around the West

End although he cycled the wrong way of Lothian Road.

Let's get the sport now, and the latest on Andy Murray,

Andy Murray is in magnificent form at the Australian Open.

He demolished the local favourite Sam Groth

His opponent - who had most of the crowd in his favour -

From Melbourne, here's our tennis reporter Kheredine Idessane.

Andy Murray will have too quiet in the crowd here. Although he is

popular, Sam Groth is more popular. Centrestage on centre court, his

first match in the Rob Lever arena this year. His fans had much to

cheer as he got into the groove straightaway. The tactic from the

big Australia was serve and volley. The way around that, take to the

air. This Murray masterclass was so convincing he won the first nine

games. He was detained barely an hour and a half and told as

afterwards that he isn't one for parenting classes. From speaking to

people, you can't will you be taught. Every child is different.

You need to be able to respond to situations as they happen. It is

not... I don't know, I think I will go a little bit on instinct with

that and I'm sure that my wife will give me a lot of tips as well, and a

few earfuls, I'm sure. He won't get an earful about the Stander of his

tennis. And if he plays that well on Saturday he will be a favourite to

get through to the fourth round. Scottish football is considering

introducing an American football style draft system to help clubs

develop young players. The proposal was put forward

by the Scotland manager Gordon Strachan as part

of the SFA's review of the game. If the plans are given the go ahead,

under-21 Premiership players would be loaned out to the lower

leagues and picked from an NFL Now to the stuff of which

football dreams are made. The East Kilbride story:

formed just six years ago, they're semi professional,

and play their home games But they've just won through to face

Premiership Champions Celtic in the next round of

the Scottish Cup. It will be worth a sport fortune to

the South Lanarkshire club. The cup heroes are enjoying their

moment. What a moment. These goals, firstly from Jack Smith, then from

Sean Winter, urging them a win over Lothian Thistle Hutchison Vale and a

tie against Celtic. Inducing this sort of reaction. Absolutely

ecstatic. Come on, Mary! A very nervous cup tie. A great cup tie.

The two teams played tremendous. Just so delighted today. And a tie

against Celtic. What a feeling that is. In the dressing room, little

thought of the ?100,000 plus the club will earn from facing the

Scottish champions. Can you believe you are going to be playing Celtic?

It will take a couple of days to sink in but it is great. It is great

we are in the next round. Now they are about to hear from a man who

wants to kill that bars. Cover your ears if you are a football romantic.

It is always difficult to play teams below yourself. We will be prepared

as we are always prepared with every team we go to. Right now, they are

living the dream. It will take something approaching a miracle for

them to prevail in the next round. Well done to them and to Mary.

Scotland is synonymous with whisky, but another spirit made

here is enjoying a surge in popularity.

Sales of Scottish gin are booming - with more than 70 percent

of the multi-million pound UK market being distilled here.

And the key to its popularity seems to be its appeal

Chin. Perhaps a drink once more associated with our parents but now

surging in popularity. It is worth hundreds of millions of pounds to

the Scottish economy. Next week a national Scottish Jim -- gin Trail

is being launched. Coming from the back streets of 18th-century

Britain, nicknamed mother's ruin. But now a Scottish export success.

Of 100,000,005 years. The boom is being seen on high streets. The

explosion is definitely happening. In the last month, we have properly

sold about 200 different gins through the shop. Is it a fad?

Possibly but it is a good one. America is a huge market opening up

and see the potential for boutique brands. We are the fastest-growing

gin brand in Scotland. We are opening a new distillery to cope

with the demand. Down in Leith, where all the distillery is used to

be. New distillers can make gin relatively quickly while waiting for

whiskey to mature. But is there room for all the newcomers in the market?

The world is a big place and there are a new generation of consumers

across the world looking for quality products. I'm not losing any sleep

about our ability to grow over the next few years. In the 1700s, the

gin craze brought debauchery and destitution. This new creation only

bring new markets and opportunities. I think we should say, things are

looking up but don't hold your breath. That's a fair way to put it.

Pretty miserable today. Grey cloud, cold and wet. Our weather watcher

Veronica catching the leaden skies. We need to be patient. If anything,

rain intensifying overnight. We have a yellow warning in force. Fickle

conditions on the roads. Bearing in mind, it is milder air coming in.

Temperatures around five in the morning up to around 7 degrees. A

wet start to the day with difficult conditions on the roads. Wind is

strong to gale force. Here's the improvement. The rain will fear

through to be replaced by Dreyer, brighter conditions and

through to be replaced by Dreyer, air. Temperatures up to around 12

Celsius. A different feeling day. A touch cooler across the north-east.

There will be a touch cooler across the north-east.

the north-west Highlands and Islands. Taking a wild to clear from

Shetland. Very few showers overnight but a lot of dry weather around as

well. On Saturday, high pressure across France keeping things

relatively calm across the UK. A couple of weather fronts bringing

rain into the north-west. Wet across the north-west on Saturday but for

most of the mainland a dry day and quite mild. Further rain arriving

overnight. Sunday will be cloudier and wetter than Saturday but warmer.

Temperatures of 213 degrees in the West as we had through the

afternoon. Now, a reminder of

tonight's main news... The families of two young women,

killed when a driver blacked out at the wheel of his car

in Glasgow five years ago, are seeking to bring

a private prosecution. Mairi Convy and Laura Stewart died,

when William Payne fell unconscious It comes as the family of three

victims of the Glasgow bin lorry crash start a private prosecution

against driver Harry Clarke. I'll be back with the headlines

at 8.00 and the late bulletin Until then,

from everyone on the team - right across the country -

have a very good evening.