Rangers administrators win payout
● Pair awarded £600,000 for ‘malicious’ prosecution
Crown lawyers have been ordered to pay £600,000 to two R angers FC administrators after admitting that large parts of prosecution against them was“malicious” and conducted without “probable cause”.
Judge Lord Tyre ye st erday ordered prosecutors to make an interim payment of £350,000 to David White - house and £250,000 to his colleague Paul Clark.
The orders came following a hearing at the Court of Session.
Lawyers for the Lord Advocate had admitted that prosecutors acted unlawfully for a significant amount of time in the prosecution of the two men. They admitted the human rights of Mr White - house and Mr Clark, who were cleared of all wrongdoing, had been breached at times during the investigation.
Mr White house and Paul Clark are seeking a total of £20.8 million from the Crown Office and Police Scotland for alleged wrongful detention, arrest and prosecution.
The Lord Advocate had previously denied any wrongdoing. But yesterday the Lord Advocate’ s lawyer Gerry Moynihan QC told Lord Tyre the prosecution beyond their initial court appearance was “malicious” and conducted without “probable cause”.
The case is still continuing. But Mr Whitehouse and Mr Clark’s lawyers say they have not been provided with documentation which could help their case.
The court heard the men’s legal teams had been supplied with documents which show senior Crown Office lawyers speaking about the “need to nail the Duff& P helps people ”– both Mr White house and Mr Clark worked for Duff & Phelps.
However, Mr Clark’ s lawyer Iain Ferguson QC told the court that he knew that meetings were chaired by the-then Lord Advocate Frank Mulholland QC in which “strategic” decisions were taken about the case. Mr Mulhol landis now a judge – Lord Mulholland. However, Mr Ferguson said that no minutes of these meetings appeared to exist.
Mr Ferguson condemned the Crown’s conduct in the case. He told the court that his client had spent £1.03 min legal expenses. Earlier Mr White - house’s lawyer Roddy Dunlop QC said his client had spent the “eye-watering” amount of £1.8 mon lawyer’ s fees.
Speaking following the Crown admission, Mr F erguson called on Lord Tyre to make an interim expenses award to the two men.