SOC­CER ACE DID RAPE GIRL WITH TEAM-MATE IN FLAT SAYS JUDGE Good­willie and pal must pay her £100k

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VIC­TIM: Denise Clair waived right to anonymity QUIZZED: Robertson said vic­tim con­sented to sex as to what he was pre­pared to tell the court and whose ev­i­dence, di­rected as it was en­tirely to his own in­ter­ests, was par­tial and par­ti­san.

“He did not present as a wit­ness who was be­ing en­tirely can­did. On the sig­nif­i­cant is­sues aris­ing in the case, I did not find his ev­i­dence to be cred­i­ble or re­li­able.”

Lord Arm­strong said that prior to the in­ci­dent Ms Clair had en­joyed life, but her life changed fol­low­ing the de­ci­sion not to

pro­ceed with a pros­e­cu­tion. She was told by Crown Of­fice in July that year that they were not go­ing ahead with crim­i­nal pro­ceed­ings. Lord Arm­strong said: “She found that de­ci­sion dif­fi­cult to un­der­stand and had felt that she had not been be­lieved. “She felt that her life had been de­stroyed by some­thing which had hap­pened al­though, be­cause of her RAPIST: Good­willie in ac­tion for Ply­mouth and at court lack of mem­ory, she was not fully aware of what it was that had caused that ef­fect.”

She had ex­pe­ri­enced sui­ci­dal thoughts and it was only last year that she felt com­fort­able form­ing an in­ti­mate re­la­tion­ship again.

The judge said Ms Clair’s mem­ory loss was best ex­plained by ‘the phe­nom­e­non of al­co­holic black­out’.

He said that on the ba­sis of ex­pert ev­i­dence, eye­wit­ness tes­ti­mony and foren­sic find­ings of Ms Clair’s blood al­co­hol level, he held that dur­ing the period Ms Clair was in the flat she ‘lacked the level of cog­ni­tive func­tion­ing nec­es­sary to make rea­soned de­ci­sions and con­se­quently lacked the abil­ity to give mean­ing­ful con­sent by free agree­ment’.

It was only in the weeks after the rape that Ms Clair knew with cer­tainty that in­ter­course had taken place after DNA ev­i­dence was ob­tained from swabs taken from her.

Dur­ing her ev­i­dence, she said that she had found her­self naked and in pain after the in­ci­dent.

She had gone out for a drink with a friend on New Year’s Day but had no rec­ol­lec­tion of leav­ing a pub for a night­club in Bath­gate.

She re­mem­bered wak­ing the next morn­ing in strange sur­round­ings and said: “I seemed to be run­ning about the house in a panic. I ran into ev­ery sin­gle room to see if I could make sense of my sur­round­ings.”

Her coun­sel, Si­mon Di Rollo QC, asked her what she was wear­ing. She replied: “Noth­ing. I was naked, but I didn’t re­alise that un­til I was in the kitchen.”

She said: “I just felt sore. I felt sore in­side as if some­thing had hap­pened to me, but I couldn’t say what it was. I felt a lot of pain in­side.

“I kind of thought some­thing must have hap­pened to me but I had no idea what. I didn’t know where I was.”

Ms Clair said she found ar­ti­cles of her cloth­ing in the flat stuffed down the side of a bed.

She added: “My pants were never re­cov­ered.”

Good­willie main­tained that he did not think Ms Clair was too drunk to con­sent to sex.

But a se­cu­rity firm em­ployee work­ing at the night­club told the court that the Ms Clair was in need of an am­bu­lance.

Gayle McGre­gor said: “She wasn’t in con­trol of her­self. Her eyes were rolling in her head. She couldn’t stand up straight. She couldn’t speak to me prop­erly. She wasn’t com­pos men­tis.”

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