Disgraced footballer quits club to f ight his rape appeal
SHAMED footballer David Goodwillie has quit his club to appeal a court ruling that he and a former teammate raped a woman.
Goodwillie – once worth £2.8million – has been on the bench at Plymouth Argyle pending the outcome of an investigation into a rape claim dating back to 2011.
Last week a judge in a civil action ruled that the 27-year-old striker and his then Dundee United teammate David Robertson raped a mother of one who was too drunk to consent following a night out in Bathgate, West Lothian.
At the Court of Session the judge ordered them to pay £100,000 compensation to 30-year-old victim Denise Clair, who waived her right to anonymity in the case.
But now Goodwillie – who has played for Scotland – has ended his contract with Plymouth Argyle as he prepares to appeal the decision.
In a statement a spokesman for the Stirling-born player’s club said: ‘Plymouth Argyle Football Club (PAFC) confirm that David Goodwillie has left the club by mutual agreement.
‘Mr Goodwillie has asked the club to terminate his contract of employment in order that he can focus his time on a potential appeal of the civil judgment made against him. PAFC has agreed to his request.
‘PAFC will make no further comment on this matter.’
Goodwillie and 30-year-old Robertson – who has also left his team Cowdenbeath and retired from professional football since the finding – never faced a criminal prosecution over the rape claims.
Criminal charges were filed against Goodwillie but were later dropped, leading to the civil action by Miss Clair.
It is thought the landmark case may help other rape victims bring their attackers to justice.
In her testimony, Miss Clair recounted how she woke up naked, in pain and confused in the flat in Armadale, West Lothian. Tests later found traces of Goodwillie’s DNA in samples taken from Miss Clair.
In his finding, announced on January 17, Lord Armstrong said: ‘Having carefully examined and scrutinised the whole evidence in the case, I find the evidence for the
‘Focus on a potential appeal’
pursuer to be cogent, persuasive and compelling.
‘In the result, therefore, I find that in the early hours of Sunday, January 2, 2011, at the flat in Armadale, both defenders took advantage of the pursuer when she was vulnerable through an excessive intake of alcohol and, because her cognitive functioning and decision-making processes were so impaired, was incapable of giving meaningful consent; and that they each raped her.’
He also railed against Goodwillie in particular, calling him ‘not an impressive witness’. The judge added: ‘Particularly in relation to his assessment of the pursuer’s condition, his evidence was given with a view to his own interests rather than in accordance with the oath which he had taken.’
After the judge ruled that Goodwillie and Robertson had raped Miss Clair, she spoke out about the failure of prosecutors to make a case against the men.
She said: ‘I am bitterly disappointed that I was so badly let down by the criminal justice system and was forced to seek a remedy through the civil court.’
Following the judge’s ruling Goodwillie, who married his partner Kirsty Smith, 24, last summer while the allegations were hanging over him, insisted he was innocent, saying: ‘I am struggling to understand why the judge has discounted my evidence and the other evidence of those who said what they saw or heard that morning. I am taking advice on what options are open to me regarding lodging an appeal.
‘As a 21-year-old I acted immaturely, naively and probably not as respectfully or with the same consideration towards someone I was with as I could have, and if that was the case I apologise. However, everything that happened that night happened consensually.’
He added: ‘I would not and did not take advantage of Denise Clair and I did not rape her because she was too drunk to consent.’
Meanwhile, Miss Clair claimed in interviews that the players tried to offer her cash to drop the civil action.
Mr Goodwillie, via his agent, did not respond to a request for comment yesterday.