Shamed footballers dodge £100k compensation claim

Rape

victim Denise Clair has been warned she won’t see a penny of the £100,000 awarded to her after taking two rapist footballers to court.

Former Scotland striker David Goodwillie – now playing for Clyde FC – and former St Johnstone midfielder David Robertson were ordered to pay Denise the compensation after her landmark seven-year battle for justice.

The £100,000 was seized following the sale of Goodwillie’s home in Stirling last year but her lawyers now say legal costs from the prolonged case will swallow up the pay-out. Because she won a case in a civil court, Goodwillie and Robertson are legally bound to pay Denise’s costs, which were covered by Legal Aid.

But because they can’t, the Scottish Legal Aid Board can recover their costs in what is called “clawback”.

In a letter to the former Scottish Prison Service education adviser last week, her legal team said those costs outstripped the pay-out considerably. Denise’s MSP Neil Findlay said: “Despite the civil court judgement against David Goodwillie it looks like once again the system is working against a victim. “This cannot be right.” Central Scotland MSP Elaine Smith, who has criticised Clyde for continuing to play Goodwillie, said: “While no amount of money would ever make up for what Denise suffered, she should be entitled to compensation due to the court decision. This is not justice.” Mum-of-one Denise said: “I wanted the truth to come out so everyone could recognise Goodwillie and Roberston for the rapists four judges have found them to be.

“It’s galling, however, that I’ve had my whole life put on hold for the past seven years and have had to pay legal aid to get the justice denied to me by the criminal justice system.”

Denise has been told her own legal costs alone will amount to more than £250,000.

Denise became the first in the UK to win a civil action against her attackers after judge Lord Armstrong ruled they had raped her after a night out in Bathgate in 2011.

An appeal in front of three more judges upheld the ruling. Goodwillie narrowly dodged bankruptcy last week after his former lawyers threatened to take him to court over unpaid legal fees. He continues to play for the Scottish League Two club, while Robertson has quit the game.

The Scottish Legal Aid Board said: “If the amount of expenses recovered by Ms Clair’s solicitors is less than the fees payable then the legislation requires us to use the award by the court to cover some or all of the remaining cost to the Legal Aid Fund.”

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I’ve put my life on hold. It is galling