Expert loses £8.7m f ight for damages over Rangers fraud probe
A FINANCE expert arrested during a doomed Rangers fraud probe has lost his £8.7million malicious prosecution claim against police and the Crown Office.
David Grier, 60, sought damages because he believed his reputation had been ruined.
Police were heavily criticised in a judgment published yesterday, but he lost his bid for a payout.
The Court of Session heard how Mr Grier was taken into custody during a probe into alleged criminal wrongdoing at the club.
Police and prosecutors believed the law had been broken when the club was sold to Craig Whyte, and claimed Mr Grier participated in
‘Threatening behaviour’
an alleged fraud with the businessman. Mr Grier was detained and prosecuted alongside other men but all those arrested were cleared of any wrongdoing.
Lawyers acting for Mr Grier in his damages bid told judge Lord Tyre at the Court of Session that the police and prosecutors had acted maliciously against him.
In a written judgment, Lord Tyre ruled Mr Grier’s lawyers had not shown that the prosecution service had acted maliciously, but some of the evidence from the officer leading the probe, Detective Chief Inspector Jim Robertson, was ‘evasive’ and ‘unreliable’.
Lord Tyre wrote there ‘was evidence... of unacceptable intimidatory and threatening behaviour by Mr Robertson during [police] interviews’. It follows admissions made by the Crown in another case relating to Rangers brought by administrators David Whitehouse and Paul Clark. Prosecutors admitted the pair were wrongfully arrested and prosecuted.
The two men sought a total of £20.8million from the Crown Office and Police Scotland but later settled their action for £10.3million each. Their legal bills, thought to be £3million each, were also paid.
Former Rangers executive Charles Green received a £6.3million settlement after the Crown admitted it had conducted a ‘malicious’ prosecution against him.
Last year, Mr Grier told how he first became aware that he was a suspect in the fraud probe on November 13, 2014.
He said police officers had arrived at his home in the south of England the following morning at 6am and he was detained and taken to Glasgow to be interviewed about the allegations.
Mr Grier said: ‘Unfortunately being arrested for fraud when you work in financial services is catastrophic – it’s a careerending moment.’
Responding to yesterday’s judgment, a Crown Office spokesman said: ‘The previous Lord Advocate committed the Crown to support
a judgeled inquiry once all litigation is over and apologised for the cost to the public purse.’
Assistant Chief Constable Alan Speirs said: ‘Police Scotland will fully assist and engage with the inquiry announced in the Scottish parliament last year. We will consider the findings of Lord Tyre.’
Last night, Mr Grier was considering the possibility of an appeal.
He said: ‘We’re satisfied that Lord Tyre has identified a number of the important facts. We are disappointed with his analysis of what amounts to malice, and we’re considering our next steps.’