WALL OF SILENCE
Judge blasts police officers over lack of cooperation in £20m wrongful arrest action
A JUDGE yesterday blasted police officers involved in the arrest and prosecution of two former Rangers administrators for putting up a wall of silence over the case.
David Whitehouse and Paul Clark are suing Lord Advocate James Wolffe QC and Police Scotland for more than £20million for alleged wrongful det ention , arrest and prosecution.
Crown lawyers previously conceded the pair “should not have been prosecuted at all”, but police chiefs maintain there was probable cause for the force’s actions.
During a video conference court hearing, Iain Ferguson QC, acting for Clark, said “all the main players” from the cops’ investigation of Whitehouse and Clark had “refused” to be quizzed by their legal team.
Judge Lord Tyre replied: “To my mind, disappointing would be a mild word that the police, as public servants, aren’t willing to cooperate and assist with this process without being forced to do so. The fact the allegations are serious isn’t an excuse. They should be in a position to tell their side of the story.”
Earlier, Mr Ferguson said the refusals “included officers principally in charge of the investigation, that set the ball rolling in this whole affair”.
He added: “On the face of it, there’s a singular lack of cooperation by individual police officers to resolving this whole matter.”
The QC asked Lord Tyre to order Police Scotland to disclose witness statements by its officers “forthwith”. He added: “We’ve been strung along for months and the time has come for the police to show their hand.”
He cited one example of a retired chief inspector who has “not been found” and another officer marked down as “no trace at Gartcosh”, the Scottish Crime Campus.
Whitehouse and Clark were the subject of an abortive attempt to prosecute them following the Rangers takeover by Craig Whyte and the club’s subsequent administration and liquidation.
The men were appointed as joint administrators of Rangers and informed Strathclyde police that the club’s acquisition by Whyte through a firm, Wavetower, may have involved illegal financial assistance.
But they were detained by police in dawn raids at their homes in 2014 on suspicion of being involved in a “fraudulent scheme and attempt to pervert the course of justice”.
Whitehouse, of Cheshire, and Clark, of Surrey, maintain that at no point was there any justification for their detention or prosecution.
Alastair Duncan QC, representing Police Scotland, told the Court of Session hearing there was “no difficulty in police providing witness statements”.
He said the “process of taking statements is under way” from about 25 officers, and they were expected to be lodged with the court by October 16.
Mr Duncan said: “Most will be fairly short but one or two, from the investigating officers, will be a bit longer.
“I consulted with the police yesterday and asked for their position. There’s no bar or instruction to police officers not to cooperate, but serious allegations have been made against individual officers.
“It’s been left to them to determine whether, in those circumstances, they wish to provide precognitions.”
Mr Duncan said “on at least two occasions” that “criminality has been alleged against police officers”.
He added: “I understand why police officers in that situation may be uncertain about whether to submit to precognition rather than produce witness statements.”
Lord Tyre replied: “That may be so. They’re serious but that’s just the nature of them. At some stage they’re going to have to answer them one way or another.”
The judge ordered further legal expenses to be paid to Whitehouse and Clark.
Disappointing would be a mild word.. the fact the allegations are serious isn’t an excuse
JUDGE LORD TYRE