Senior judge set to be quizzed in £5m Rangers court case
A JUDGE is set to be called as a witness in a £5million damages claim by a former Rangers administrator who was prosecuted without ‘probable cause’.
Lord Mulholland – former Lord Advocate – is expected to be quizzed at a future Court of Session action about the time he was in charge of Scotland’s independent prosecution service.
Lawyers are set to ask him about the role he played in the police and Crown investigations into alleged financial wrongdoing at the club.
Business expert David Grier is suing both the Crown Office and Police Scotland over the alleged unlawfulness of the investigation.
The 58-year-old was one of a number of men arrested during an investigation into the sale of Rangers to businessman Craig
Whyte. Mr Grier and his coaccused were acquitted after judge Lord Bannatyne concluded there was no evidence to prove prosecutors’ claims. Yesterday, Mr Grier’s lawyer Andrew Smith, QC, told judge Lord Tyre that he was ‘probably’ going to call David Whitehouse as a witness. Mr Whitehouse and his colleague Paul Clark were given £10.5million each after settling their own civil action against the Crown Office late last year. Prosecutors earlier admitted the men were wrongfully arrested and charged.
Mr Smith told the court that Lord Mulholland – formerly Frank Mulholland, QC – was also likely to be called to give evidence. He said that if Crown lawyers were not going to call Lord Mulholland, he would.
Mr Smith added: ‘I think someone should be leading Lord Mulholland as a witness. He is clearly going to be pivotal in this case.’
Mr Grier, who has been cleared of any criminal wrongdoing, is suing the current Lord Advocate
claiming that prosecutors had no evidence to justify him being arrested and charged.
He is also suing the Chief Constable of Police Scotland for acting unlawfully when he was arrested during an investigation into the Rangers case.
Mr Grier is seeking £2million in damages from the force.
The legal actions stem from a police probe surrounding Rangers’ financial position during the past decade and the sale of the club to Mr Whyte.
Earlier this month, Lord Tyre ruled the Crown had ‘no probable cause’ to prosecute Mr Grier.