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Daily Record
Daily Record
National
Tom Eden & Katrine Bussey & Gemma Ryder

Top prosecutor offers to meet David Goodwillie rape victim to explain why criminal charges not pursued

One of Scotland's top prosecutors has said she will meet with the woman raped by footballer David Goodwillie and his ex-team mate to explain why criminal charges were not pursued.

Former Scotland player Goodwillie and retiree, David Robertson were accused of raping Denise Clair in 2011 but the Crown Office did not pursue a criminal prosecution, blaming "insufficient evidence".

However, the pair were found by a judge to have raped Ms Clair in civil court proceedings in 2017 and were ordered to pay damages.

Solicitor General for Scotland, Ruth Charteris, was asked about the case in the Scottish Parliament which has been brought to light again in recent weeks due to the Raith Rovers controversy.

The Scottish Championship team signed Goodwillie in January but soon had to do a U-turn following backlash from fans, officials and the wider footballing community.

Charteris explained there was "no reasonable prospect of securing a conviction" and that, when it had been reviewed in 2017, an independent lawyer found "the decision not to raise criminal proceedings was correct".

In response to a question from Scottish Conservative MSP, Russell Findlay, asking for Ms Clair to be given details of the review, Ms Charteris said: "I understand that the decision not to prosecute continues to cause great upset to Denise Clair.

"I am genuinely sorry that Miss Clair feels that she has not been provided with the relevant information.

"I've been asked about disclosure of information. I understand that she previously attended a meeting with prosecutors in 2011 and also that a letter was sent out MSP in 2017 following the case review in which a meeting was offered.

"I've already indicated to Mr Findlay that I would be very happy to meet with Miss Clair to explain the reasons for the decision if this would be of benefit to her.

"And, actually, I would also be keen to hear from Miss Clair about her experience in the criminal justice system in order to assist the Crown Office with our ongoing, wider review into the prosecution of sexual offences."

Denise Clair cannot forgive the prosecutors who dropped the case (Paul Chappells/Sunday Mail)

It comes as Thomas Ross QC hopes to mount a private prosecution against Goodwillie and David Robertson for the rape of Denise Clair.

This is where an individual or organisation seeks to prosecute the accused, as opposed to action being taken by the Crown Office.

A letter has been sent to Scotland's top prosecutor, Lord Advocate Dorothy Bain QC, giving her notice of the intention to bring a private prosecution. The case will not be able to proceed, however, if the Crown Office refuses permission.

Writing about the move in Scottish Legal News, Ross said: "Many have claimed that any criminal prosecution would have ended in an acquittal. Those people may be right, but 11 years on the controversy around the case has not abated.

"A private prosecution would give any accused person the opportunity to persuade a jury that a verdict of not guilty should be returned.

"The complainer feels that she was let down by the criminal justice system."

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