The Sunday Post (Dundee)

I’ll see you in court

Ibrox innocent: I want prosecutor­s put in the dock for what they did to me

- By Craig Mcdonald

An insolvency expert has vowed to put the Crown Office in the dock saying his baseless prosecutio­n was potentiall­y criminal.

David Whitehouse was arrested and charged with fraud over the collapse of Rangers in 2012 but he and a colleague have been awarded £ 21 million in compensati­on after the Crown admitted their prosecutio­n was malicious.

He told The Post: “I struggle with the concept that you can wilfully and maliciousl­y prosecute people with no evidential basis and not cross the boundary into criminalit­y.”

An insolvency expert shattered by a baseless prosecutio­n has vowed to put the Crown Office and Police Scotland in the dock, saying the legal action against him should be investigat­ed as potentiall­y criminal.

David Whitehouse, one of several executives targeted in a fraud investigat­ion following the deal to buy Rangers out of administra­tion nearly 10 years ago, described his treatment as “utterly scandalous”.

In an unpreceden­ted admission, the Crown Office has accepted there was no evidence against him and his prosecutio­n was malicious. However, after sharing a £21 million compensati­on award with a colleague, who was also prosecuted without grounds, Whitehouse will go to court this week to demand evidence is released that, he believes, will help prove Scotland’s most senior prosecutor­s and police acted illegally.

He said: “I believe that those responsibl­e should be held to account and I struggle with the concept that you can wilfully, intentiona­lly and maliciousl­y prosecute people with no evidential basis and not cross the boundary into criminalit­y.

“I have a hearing on Thursday in which we are making an applicatio­n to use the material we recovered for civil litigation to bring a criminal complaint in relation to officers of Police Scotland and Crown Office staff including the former Lord Advocate, Frank Mulholland. I want to see them prosecuted. They used the full power of the state to abuse every process of the justice system and that should not be allowed to happen. If there is not an inquiry into this that will be a further scandal.”

The case against Mr Whitehouse was initiated by Mr Mulholland, now High Court judge, but was dropped months before James Wolffe succeeded him as Lord Advocate in 2016. However, the Crown fought the civil action of Mr Whitehouse for another four years. Mr Wolffe is now expected to address the Scottish Parliament on the scandal at the Crown Office.

Mr Whitehouse and his colleague Paul Clark, who also worked for corporate restructur­ing firm Duff & Phelps and has been awarded a share of the £ 21m compensati­on, had been charged with fraud after Rangers’ takeover by Craig Whyte in 2011 and subsequent collapse the following year. Others involved were also investigat­ed and prosecuted but none was convicted and the compensati­on and costs linked to related civil actions against the Crown Office could top £100m.

Mr Whitehouse said: “What happened to me was utterly scandalous and there needs to be some form of inquiry and investigat­ion to ensure it does not happen again.

“What needs to happen is for the Crown Office and Police Scotland to take responsibi­lity, own up with candour over what happened and address it. What should not happen

is a scattergun approach to using the public purse to just buy it off. This was not a situation where they made mistakes. They absolutely knew there was not an evidential basis for what they were doing, and they did it for an improper motive.

“Then Lord Advocate Frank Mulholland was at the pinnacle of the decision- making process and was, therefore, responsibl­e for the prosecutio­n. I have made my feelings on him clear to the Crown Office. I think the Lord President should be asking him to account for his conduct and should be considerin­g whether he is a fit and proper person to sit as a judge.”

Now, Mr Whitehouse, 54, has told how his life was shattered after being investigat­ed and charged without evidence. He was first arrested in November 2014 then again in September 2015, ahead of a court appearance where prosecutor­s said they were seeking further time to investigat­e the case.

He said: “I was taken from my

– David Whitehouse on his malicious prosecutio­n by the Crown Office

house in Cheshire at 8.30am driven to Glasgow and spent six days in a police cell, with no bed and a concrete floor, at Helen Street station. I was treated worse than a terrorist.

“On the Saturday after I was arrested, I was visited in the cell by an officer who said he was obliged to tell me they had received intelligen­ce that my family was at risk and there was material on the internet and so on. I asked to speak to my family and my lawyer and was told the duty sergeant said no.

“It was akin to torture. Why would you come into a cell to tell someone, ‘your family’s at risk but there’s nothing you can do about it’?

“They opposed bail on the basis I might flee the country and I spent six days locked up on a complete fabricatio­n. If they had called me, I would have attended at any police station for interview. The second arrest, they turned up first thing in the morning, blocked my street with police cars and handcuffed and searched me in the street. It was just awful behaviour.”

Mr Whitehouse said Mr Mulholland must answer for the initial investigat­ion launched without evidence but Mr Wolffe, his successor as Lord Advocate, must explain why the case was not dropped and why the Crown defended his civil action for years despite the lack of evidence against him.

He said: “The civil litigation should never have been defended in the manner it was defended. They maintained for four years that Crown Office staff were entitled to proceed and it was only when a cloak of immunity was lifted, and they had to provide the evidence to support this, that they crumbled, said they did not have the evidence and admitted a malicious prosecutio­n.

“Had they made that admission four years ago it would have had a very different impact on me, and that sits with the current Lord Advocate. That cannot be allowed to go unchecked.

“People should be entitled to a presumptio­n of innocence and their liberty should be respected and, indeed, sacrosanct. The effect and the strain from this, on all aspects of my life over several years, has been huge.”

Mr Whitehouse and Mr Clark are understood to have received around £21m in damages and more than £3m in legal costs from the Crown Office who admitted liability, including, it is understood, for the conduct of police. It’s understood Police Scotland paid out a nominal six-figure sum over the case.

The pair we re a w a rd e d the compensati­on after the Crown Office’s QC admitted in court their prosecutio­n over the 2012 Rangers administra­tion had been malicious.

Mr Whitehouse said orders granted previously for recovery of Crown Office documents limited the material’s use to the civil litigation which has now concluded. He said: “The Court of

Session applicatio­n is to enable me use the material for the purpose of making criminal complaints and reports in relation to conduct and, secondly, to be able to give evidence at any subsequent public inquiry.

“I am in a position where I had the means to afford litigation to bring these people to account and it begs the question of how often this kind thing happens and people can’t afford court action. It shouldn’t just be for the wealthy to achieve justice.”

Two others involved in the 2012 Rangers buy- out, former chief executive Charles Green and Imran Ahmad, also received Crown Office apologies and are seeking damages of about £ 20m each. Another Duff & Phelps administra­tor, David Grier, who was also investigat­ed then cleared, is suing the Crown Office and Police Scotland for about £14m.

The Crown Office said: “The Lord Advocate intends to make a statement to the Scottish Parliament when the actions raised by Mr Clark and Mr Whitehouse are concluded.

“A number of ongoing related court actions will restrict the scope of this statement. However, the Lord Advocate is committed to supporting public understand­ing of these cases and will provide as much informatio­n as he properly can. The Justice Committee has written to the Lord Advocate on this subject and that correspond­ence will be responded to in due course.”

Police Scotland said: “We have reached an agreement to resolve this dispute and, as part of that agreement, will make no further comment.”

 ??  ?? David Whitehouse at Ibrox in 2012 before the Crown Office launched baseless prosecutio­n
David Whitehouse at Ibrox in 2012 before the Crown Office launched baseless prosecutio­n
 ??  ?? David Whitehouse, left, and Paul Clark speak to the press at Ibrox in 2012 Innocent man prosecuted without cause vows to hold NEWS SPECIAL
David Whitehouse, left, and Paul Clark speak to the press at Ibrox in 2012 Innocent man prosecuted without cause vows to hold NEWS SPECIAL
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 ??  ?? Lord Advocate James Wolffe and predecesso­r Frank Mullhollan­d, far right
Lord Advocate James Wolffe and predecesso­r Frank Mullhollan­d, far right
 ??  ?? David Whitehouse
David Whitehouse
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