The Courier & Advertiser (Perth and Perthshire Edition)
Goodwillie sued over fees
Scotland and former Dundee United striker David Goodwillie is being sued for £400,000 after allegedly offering lawyers fighting a rape charge against him a slice of his next big-money transfer instead of legal fees.
SCOTLAND AND former Dundee United striker David Goodwillie is being sued for £400,000 after allegedly offering lawyers fighting a rape charge against him a slice of his next big-money transfer instead of legal fees.
His former agent Mark Donaghy has taken legal action at the Court of Session against Goodwillie, claiming that was the fee he was due from the player when he was transferred from Tannadice to Blackburn Rovers for £2.8 million 2½-years ago.
Mr Donaghy, trading as Arena Sports Management, claims two lawyers, who are also registered football agents, agreed a deal to defend the striker for free on the rape charge in exchange for acting as his agents in negotiating his transfer while Goodwillie was still under contract to him.
In the court papers, it is revealed that the agreement about remuneration was made at Burger King near Stirling in March, 2011.
Denise Clair, of Livingston, is also suing Goodwillie over the Crown’s decision to drop the rape charge.
Following a hearing, Lord Stewart ruled that Mr Donaghy’s case should be heard.
In his judgment, he said: “I have now decided that the action should be sent for proof before answer, reserving all pleas. This is because in my view the action as pled is not plainly irrelevant.”
He added: I was led to understand that the appointment of another agent in place of the pursuer (Mr Donaghy) came about because the defender (Goodwillie) was facing a charge of rape in the High Court of Justiciary.
“Counsel told me that the solicitor acting for the defender in the criminal proceedings proposed to waive the legal fees in return for the opportunity to act as the defender’s agent in negotiations for the defender’s transfer to Blackburn Rovers.
“The pursuer avers that it was someone linked with the solicitor who eventually acted as the defender’s agent; and that the agent negotiated a commission with Blackburn Rovers of at least £225,000.
“The criminal charge against the defender was ultimately dropped.”
It is not clear whether the unnamed agent referred to by the judge is Liam O’Donnell or John Paul Mowberry.
Lord Stewart allowed the proof, stating: “The pursuer’s case might have been better pled: but I do not think that the defender is unfairly disadvantaged by the omission of an averment to the effect that the agreement about third-party remuneration was made immediately before parties put pen to paper in the Burger King fast-food restaurant; or by the omission of the averment that Blackburn Rovers would have paid the pursuer commission in breach of the FA Regulations.
“I cannot say that the claim is bound to fail. The pursuer has, in my view, averred sufficient on paper to allow him to put such evidence as he can muster before the court in support of his claim for lost commission.”
Ms Clair bumped into Goodwillie during a night out in Bathgate on January 1 2011.
She remembers nothing but waking up naked and alone in a strange flat in Armadale, believing she had been raped.
The rape charge against Goodwillie was dropped in July 2011 and the lucrative Blackburn transfer was announced just weeks later.
Lord Advocate Frank Mulholland is under pressure to explain why the rape case was dropped.