Judge denies leading Gers fraud probe
A SENIOR judge has denied having his ‘hand on the tiller’ of a doomed Rangers fraud probe when he was the top prosecutor in Scotland.
Lord Mulholland told the Court of Session other Crown lawyers made the key decisions in an investigation into the Glasgow club.
Lawyers acting in a £7million compensation action also heard that his role as Lord Advocate was limited to providing colleagues with advice and asking the Scottish Government for funding.
Lord Mulholland, 61, was giving evidence on the fourth day of proceedings brought by business expert David Grier.
Yesterday, Mr Grier’s lawyer Andrew Smith, QC, referred to the ‘tiller’ comment made during a previous hearing before judge Lord Malcolm.
Lord Malcolm concluded Lord Mulholland did have a key role in directing the probe. But Lord Mulholland said: ‘It is not a phrase I would use. The direction of the prosecution was run by [prosecutor] Jim Keegan and by the prosecution team. I had an advisory role.’ Mr Grier, who works for international financial services firm Duff & Phelps, is suing current Lord Advocate James Wolffe, QC, and Police Scotland, claiming prosecutors had no evidence to justify him being arrested and charged. Mr Grier is also suing the Chief Constable for acting unlawfully when he was arrested during a probe surrounding the financial position of Rangers and the sale of the club to businessman Craig Whyte. Mr Grier was cleared of any wrongdoing. Both the force and prosecutors are contesting his action. Lord Mulholland also referred to two documents which he said ‘clearly demonstrate... it was Crown Counsel – as was his role – that was taking the strategic decision’. The hearing, before judge Lord Tyre, continues on Tuesday.