Goodwillie challenges £100,000 rape case damages
Appeal focuses on neighbour’s evidence
APPEAL judges were urged yesterday to look again at evidence that led to a former Scotland striker and another footballer being labelled as rapists in a civil action.
David Goodwillie’s lawyer argued that the judge who ruled against the players erred by failing to take into account the testimony of a neighbour.
Dorothy Bain QC said Lord Armstrong’s treatment of Clifford Wilson’s evidence was “unsatisfactory”.
The judge ruled earlier this year that Denise Clair was entitled to £100,000 agreed damages after finding that Goodwillie, 28, and David Robertson, 31, raped her at a flat in Armadale, West Lothian, in the early hours of January 2, 2011.
He found Denise, 31, who has waived her right to anonymity, was “incapable of giving meaningful consent” because of “an excessive intake of alcohol”.
Goodwillie, who played for Dundee United, Aberdeen and Blackburn Rovers, and his former Tannadice teammate had maintained that the sex was consensual.
They have appealed to the Court of Session in Edinburgh.
Clifford, who lived in the upstairs flat at the address where the incident happened, said he had heard giggling and laughing and what sounded like “normal sex” from downstairs.
Bain said yesterday what he described hearing was “supportive of a consensual encounter”.
She said a fundamental error had been made when the judge assumed that Clifford may have confused listening to another man who’d had sex with a partner at the flat on January 1 with the participants in the case.
Bain argued that it had resulted in the judge failing to take into account important evidence.
Stephen O’Rourke QC, for Robertson, also argued Lord Armstrong had erred by not keeping Clifford’s evidence “in the mix”.
The hearing continues.
BID TO CLEAR NAME Goodwillie