David Goodwillie private prosecution lawyer hopes to restore victim's faith in justice system

The lawyer bidding to mount a private prosecution for rape against footballer David Goodwillie and a former teammate has told how he is hoping to restore his client’s faith in the criminal justice process.

Legal bid for private prosecution against David Goodwillie and former teammate

Thomas Ross QC is working with solicitor Melissa Rutherford to bring forward a rare private prosecution against the former Scotland player and now retired player David Robertson for the rape of Denise Clair.

In 2017 a civil court found that the two men had raped her and they were ordered to pay damages.

Goodwillie watches on during a cinch Championship match between Raith Rovers and Queen of the South at Stark's Park in Kirkcaldy, amid the furore over his signing. (Photo: Euan Cherry, SNS Group)

Goodwillie on rape charge

Ms Clair, who waived her right to anonymity, had told detectives Robertson and Goodwillie raped her at a flat in Armadale, in West Lothian, after a night out in Bathgate in January 2011.

She said she could not remember what happened after being in a Bathgate bar and woke up in a strange flat the following morning.

The two former Dundee United players had claimed the sex was consensual.

Goodwillie's former Dundee Utd team-mate David Robertson in his days at Livingston FC. Pic: SNS Group

Ms Clair originally sought £500,000 in compensation, but damages were later agreed at £100,000 in the civil action at the Court of Session.

It was the first civil case of its kind in Scotland.

Previously, criminal charges had been brought against Goodwillie only, but these were dropped. Robertson was never charged.

Now Ms Clair is seeking to bring a private prosecution – in which an individual or organisation seeks to prosecute the accused, rather than the Crown Office taking action.

Mr Ross said: “Many have claimed that any criminal prosecution would have ended in an acquittal. Those people may be right, but 11 years on the controversy around the case has not abated.

“A private prosecution would give any accused person the opportunity to persuade a jury that a verdict of not guilty should be returned.”

A letter has been sent to Lord Advocate Dorothy Bain QC giving her notice of the intention to bring a private prosecution. The case will not be able to proceed, however, if the Crown Office refuses permission.

Mr Ross said that when looking at the judgment from the civil case Ms Clair brought, it was “very difficult to read Lord Armstrong’s judgment… without coming to the conclusion that something went badly wrong between the matter being reported to the police on January 2 2011 and Crown Office giving assurances that there were to be no criminal proceedings only six months later.”

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With “special circumstances” requiring to be demonstrated before the case can proceed, Mr Ross said these may arise from “the fact that the Crown seems to have given immunity from prosecution only six months into the investigation when the reason for that decision is not obvious”.

He said: “The complainer feels that she was let down by the criminal justice system and Melissa and I are delighted to accept the challenge of restoring her faith in it.”

Mr Ross added: “Melissa and I have no personal animosity towards anybody involved in this case. Our interest is in restoring the complainer’s faith in the Scottish criminal justice system.”

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