Judge slams cops over co- operation
ASENIOR judge h a s criticised the police for an u n w i l l i n g n e s s t o c o - operat e over the malicious prosecution of the former administrators of Rangers in connection with the collapsed club fraud case.
Lord Tyre spoke out over a fasttracked lawsuit by David Whitehouse and Paul Clark of Duff and Phelps who are suing both the Lord Advocate and the Chief Constable.
Mr Whitehouse and Mr Clark were subjected to criminal proceedings with others in the wake of Craig Whyte’s purchase of Rangers from Sir David Murray for £ 1 and its subsequent sale, before a judge dismissed the charges.
Mr Whitehouse, of Cheshire, subsequently brought a damages claim against Lord Advocate James Wolffe QC and the former chief constable of Police Scotland, Phil Gormley, for £ 9 million. Mr Clark, of Surrey, sued for £ 5m.
The Lord Advocate has previously admitted malicious prosecution and a breach of human rights in the investigation which has led to the former administrators conducting a multi- million pound damages claim to clear their names.
Mr Whitehouse and Mr Clark’s actions stemmed from their alleged treatment by the police and prosecution authorities.
Last month Judge Lord Tyre ordered the payment of £ 350,000 to Mr Whitehouse and £ 250,000 to Mr Clark as an interim payment after Crown lawyers admitted much of the prosecution against them was “malicious” and conducted without “probable cause”.
The Court of Session heard from Iain Ferguson QC for Mr Clark that “all the main [ police] players have refused to be precognosed”.
They were officers who principally in charge of investigation.
The advocate for Police Scotland, were the
Alastair Duncan QC, said was still a dispute in the and there were statements 25 officers to consider.
He said there has not been a bar and no instruction for police officers not to co- operate.
But he said here were “serious allegations” made against individual police officers and that it had been left to individual officers in those circumstances to provide precognitions and witness statements were available.
But judge Lord Tyre said: “It may be serious, that’s the nature of it, but at some stage they are going to have to answer them one way or another. The Crown have produced full witness statements from the there case from personnel involved. To my mind it is disappointing, to my mind a mild word, that the police as public servants are not willing to co- operate and assist with this process without being forced to do so by giving evidence in court.
“Simply the effect the allegations are serious is not an excuse. They should be in a position to tell their side of the story.”
In another new development, which relates to the amount of damages paid out, Gerry Moynihan QC, for the Lord Advocate, said that the Crown is totally liable in the case.
He previously said the Crown accepted liability for “malicious prosecution”, but not from before the men first appeared in court on petition in November 2014.
Mr Ferguson previously described the government’s actions in pursuit of the men as “nothing short of a disgrace”.
The case comes three years after former Rangers owner Craig Whyte, who was the last man standing in the fraud conspiracy case, was acquitted of taking over the club by fraud at the end of a seven- week trial.
It is claimed that at no stage was there any justification for their detention, committal or prosecution and that the Crown never had sufficient evidence for any of the charges it brought.
The claims cases continue.