Ex-Rangers owner’s QC tells jury claims against client are unjustified
FORMER Rangers FC owner Craig Whyte is the “fall guy” in an “unfair and unjustified” case, a court heard yesterday.
Donald Findlay QC, defending, also told jurors in Whyte’s fraud trial that the businessman was being made to look like a “pantomime villan”.
But the 46-year-old was “manifestly” not guilty of a crime in his 2011 Ibrox takeover, the advocate said in his closing speech to jurors at the High Court in Glasgow.
Whyte denies a charge of fraud and a second allegation under the Companies Act. The QC said: “There have been attempts to portray Craig Whyte as a pantomime villain, that everything was fine until he came along.
“That is far from the truth. He is being made to be the fall guy.
“Before you do that, you have to look at the whole evidence in this case.”
The court previously heard Whyte struck a deal to buy Sir David Murray’s controlling stake in the club for £1.
Prosecutors claim Whyte pretended to Murray and others that funds were immediately available to meet all stipulated payments.
These obligations included an £18million bank debt and £5million towards the playing squad.
It is claimed Whyte helped fund the takeover with an agreement with the firm Ticketus against three years of season ticket sales.
Jurors have heard evidence from Murray as well as his advisers including solicitor David Horne and ex-Rangers director Michael McGill. Gary Withey, Whyte’s lawyer during the takeover, also testified. Mr Findlay told the jury: “You
have seen witness after witness come into court not wanting to take responsibility and sought to absolve themselves for anything that happened.
“It is the playground mentality – it wasn’t me. That is the attitude of so many witnesses in this case.”
The QC claimed it appeared that both Murray and Whyte had been “ill served” by their advisers at the time.
Mr Findlay said it was clear Whyte had bought the shares to take over Rangers.
He added: “Was there a crime? The defence say that manifestly there was not.”
The advocate then criticised the prosecution’s case.
He said: “The Crown approach is wrong, unfair, unjustified and unjustifiable. They are asking you to take 10 words from the indictment and that, if you look at those words, Mr Whyte is guilty.
“The Crown are asking you to be selective in the most selective way imaginable. “That is just wrong. That is just unfair.” Jurors were told Whyte had come along with a “business plan” prior to his takeover.
The QC spoke of the share purchase agreement signed as part of the takeover, which, he said, makes reference to “third party resources”.
He went on: “What did Murray advisers do about it? Absolutely nothing. Why not? It is because what mattered was getting the deal over the finishing line.”
The court heard the Murray team “ought to have known” about any role Ticketus had.
Mr Findlay said a “massive organisation” like the Murray Group could have made inquiries to “explain what this is all about”.
He is due to complete his speech on Monday before judge Lady Stacey gives directions to the trial jury.
Was there a crime? The defence say that manifestly there was not DONALD FINDLAY