Daily Record

Green ‘should never have been prosecuted’

Former chief executive will get multi-million payout and apology from Lord Advocate

- BY ALAN McEWEN

FORMER Rangers chief executive Charles Green will get a huge cash payout after an apology from law chiefs – who told him he “should never have been prosecuted” over his takeover of the club.

Green will receive a public apology from Lord Advocate James Wolffe QC, his lawyers have been told in a letter.

The 67-year-old took over the Glasgow club in June 2012 after it was put into liquidatio­n but stepped down the following year.

Green and five others were charged with serious organised crime offences in 2015 in relation to the acquisitio­n of the club.

The businessma­n later launched a legal action for wrongful arrest after the charges against him were dropped.

Now the Lord Advocate has conceded the prosecutio­n should never have happened and suggested “mediation” to decide what is expected to be a multi-million pound settlement.

Green’s lawyers said he’d suffered a “damaging, traumatic and stressful life event for him” as they prepared to fight for compensati­on.

It’s the latest climbdown for prosecutor­s who targeted highprofil­e figures in the wake of Rangers’ financial meltdown.

Last Wednesday, Crown lawyers admitted pursuing a “malicious” prosecutio­n without “probable cause” against two ex-Rangers FC administra­tors. David Whitehouse and Paul Clark are pursuing damages of £20million against the Lord Advocate and Police Scotland.

Earlier this month, it was revealed former Ibrox director Imran Ahmad was to get a public apology from Wolf fe and significan­t damages after being wrongly accused of fraud.

A letter was sent to Green’s legal team from the Scottish Government Legal Directorat­e, litigation division. It said: “I write to intimate we are now in receipt of instructio­ns on behalf of the Lord Advocate to attempt to negotiate settlement of the above action. The Lord Advocate intends to issue a public apology that Mr Green should never have been prosecuted.

“Damages will be paid. Our suggestion is, on production of properly vouched losses, quantum be addressed at mediation. These negotiatio­ns would be on the basis of no admission of liability.”

Green had also faced charges of conspiracy, fraud and an offence under Section 190 of the Companies Act 2006 before they were thrown out by prosecutor­s.

Whitehouse and Clark, appointed administra­tors of Rangers in February 2012, were among those to have their charges dropped. They were the subject of an abortive prosecutio­n after the Rangers takeover by Craig Whyte and the club’s administra­tion and liquidatio­n.

A judge at their Court of

Session hearing was told the Crown informed the pair’s lawyers on Monday they now admitted “malicious” prosecutio­n.

Responding to the letter yesterday, Green said: “I was relieved to hear the Lord Advocate admitted that Mr Clark and Mr Whitehouse had been the victims of malicious prosecutio­n by the Crown. I will be making no further comment.”

Michael McLean, a partner at

Green’s solicitors, Jones Whyte LLP of Glasgow, said: “The admission made by the Lord Advocate is without precedent. Our focus is now to quantify the significan­t losses suffered by Mr Green.”

The prosecutio­ns of Green, Whitehouse and Clark were l aunched whi l e Frank Mulholland QC, now judge Lord Mulholland, was Lord Advocate.

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 ??  ?? TRAUMATISE­D Green after appearing in court in 2015. Below right, Green after takeover in 2012. Pic: Jeff J Mitchell/Getty
TRAUMATISE­D Green after appearing in court in 2015. Below right, Green after takeover in 2012. Pic: Jeff J Mitchell/Getty
 ??  ?? VINDICATED Green with the Gers boss Ally McCoist in 2013. Below, Clark and Whitehouse
VINDICATED Green with the Gers boss Ally McCoist in 2013. Below, Clark and Whitehouse

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