The Courier & Advertiser (Fife Edition)
Judges urged to refuse rape ruling appeal
QC claims case brought against two former Dundee United footballers was ‘convincing’
A woman who successfully sued two footballers for raping her brought “a clear, cogent, persuasive and convincing” case against them and their appeal should be refused, judges were told today.
Simon Di Rollo QC, for Denise Clair, said the judge who decided the action, Lord Armstrong, had been aware of the need to approach the matter carefully in determining the issues on the civil standard of proof of the balance of probabilities.
The judge had acknowledged the need for the evidence to be carefully examined and scrutinised, he told the Court of Session in Edinburgh.
Mr Di Rollo said: “In my submission, he did do that.”
Mr Di Rollo said the case had featured detailed eyewitness evidence from sober and independent witnesses, CCTV footage, scientific evidence on blood alcohol counts and expert evidence on the consequences of that information.
He said: “In my submission there was a clear, cogent, persuasive and convincing case on behalf of the pursuer.”
Mr Di Rollo, who acted for Miss Clair when she sued former Scotland striker David Goodwillie and his ex-Dundee United team-mate David Robertson, moved the Lord Justice Clerk, Lady Dorrian, sitting with Lady Clark of Calton and Lord Malcolm, to refuse a challenge brought to the ruling.
Miss Clair, 30, was awarded £100,000 agreed damages after Lord Armstrong ruled in her favour in her claim that they had raped her at a flat in Armadale, West Lothian, on January 2 2011.
Both Goodwillie, 28, and Robertson, 31, claimed that the sex was consensual in the first civil rape action brought since modern changes to the law on rape in Scotland.
The pair have brought an appeal against the ruling against them in which it is contended that Lord Armstrong erred in his treatment of a witness, Clifford Wilson.
Mr Wilson was an upstairs neighbour at the flat and gave evidence during the hearing last year, but Lord Armstrong said his testimony was “sufficiently confused that little reliance ought to be placed on it”.
Mr Wilson said he had heard giggling and laughing and what sounded like “normal sex” from the downstairs flat.
Mr Di Rollo argued that the judge’s assessment that it was not possible to make a finding relative to Mr Wilson’s evidence was “reasonable”.
Mr Di Rollo said the overheard phrase “don’t squeeze my t*** so hard” did not help with anything and other sounds such as “boop, boop” noises did not shed any light on the central issues in the case.
Lady Dorrian said the judges were obviously required to address their minds to the points made and would take time to do that.
They reserved their decision and will give a ruling at a later date.