Law chief ‘didn’t follow rules’ in Gers indictment
Mulholland accused by administrator Grier’s QC
FORMER lord advocate Frank Mulholland “departed from Crown regulations” when allegedly ordering an indictment served against a former Rangers administrator, a court heard yesterday. Ex-Duff & Phelps executive David Grier is suing the Crown for wrongful arrest during a probe into alleged wrongdoing at the club. Grier has also raised an action against Police Scotland. A virtual hearing for the Court of Session case was heard in front of judge Lord Tyre.
Lord Mulholland, now a sitting judge, was lord advocate at the time of Grier’s arrest while Jim Keegan QC prosecuted Craig Whyte in connection with his doomed purchase of Rangers. Whyte was cleared at the trial.
Andrew Smith QC, for Grier, told the hearing: “There appears to be significant evidence that the former lord advocate instructed the indictment be served without a case analysis having been prepared. The former lord advocate, according to evidence available, told an advocate depute, Mr Keegan, to serve the indictment.
“That’s based on evidence from the senior investigating officer ( from Police Scotland).”
Smith said it was the Crown’s position the indictment was served due to a misunderstanding, adding: “But according to the information that’s available, the direct instruction came from the former lord advocate to proceed to issue the indictment and not to prepare the case analysis (the precognition).
“If that is correct, we have an extraordinary situation where neither the lord advocate nor one of his deputes ever properly issued the instruction to prosecute and have departed from Crown regulations that there is a requirement of preparation of the precognition.”
Smith said he planned to quiz Mulholland on such matters if given the opportunity. He also said a procurator fiscal involved in the case had also “lost a report” that Grier’s legal team were seeking, which he described as “truly astonishing”.
Lord Tyre set a further hearing for January.