Key legal win for former Rangers administrator

ASENIOR judge has opened the door for criminal prosecutions over malicious Rangers fraud prosecutions saying it was in the “interests of justice” to release vital evidence sought in the case.

The decision by Lord Tyre is a victory for former Rangers administrator David Whitehouse who has argued there should be a criminal investigation after for the first time in Scottish legal history there were admissions of “malicious and without probable cause” prosecutions.

Insolvency expert Mr Whitehouse and Paul Clark, of Duff and Phelps, former joint administrators of Rangers when it fell into financial trouble, were subjected to detention and criminal proceedings with others in relation to fraud allegations in the wake of businessman Craig Whyte’s purchase of Rangers from Sir David Murray for £1 in May 2011 and its subsequent sale, before a judge dismissed the charges.

A settlement estimated to be around £24 million was agreed “extra-judicially” in their malicious prosecution case against the Lord Advocate and the Chief Constable.

Mr Whitehouse has been seeking the release of documents uncovered in his successful civil case where it was admitted that he was subject to a malicious prosecution.

He believed they detail the unlawfulness of the probe.

Lord Tyre has now sanctioned the release of documents saying that it was in “the interests of justice”.

He added: “As regards use of the documents for the purposes of making a criminal complaint, I accept the pursuer’s submission that it is unnecessary for him to specify at this stage which offence he alleges was or may have been committed by any particular person; that is what would require to be investigated by the police.”

Two witnesses who gave statements to the Whitehouse civil case are to be allowed seven days to state whether they consider that there is anything stated that amounted to self-incrimination and which ought to be excluded from any permission to use and disclose.