Good­willie chal­lenges £100,000 rape case dam­ages

Ap­peal fo­cuses on neigh­bour’s ev­i­dence

Daily Record - - NEWS - DAVE FIN­LAY re­porters@dai­

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.


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