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Another stocking filler from the public purse.

Following their settlement with Poileas Alba, Messrs Clarke and Whitehouse won a substantial wedge, tax free, I believe, from the Lord Advocate, because

 

"Lawyers acting for the crown......admitted much of the prosecution against Mr Clark and Mr Whitehouse had been “malicious” and conducted without “probable cause”. "

 

Happy Christmas, chaps.

 

The man in the Cessnock Subway might think that this was beyond incompetent, was criminal, and that prosecution ought to follow; at very least he might expect dismissals.  He might consider that maintaining his confidence in the CO &PFS, would be viewed as important.

The cynical among us may think that he would be wrong.

 

David Whitehouse and Paul Clark: pair arrested in Rangers case settle claim

David McCann

Friday December 18 2020, 12.01am, The Times

 

https://www.thetimes.co.uk/edition/scotland/david-whitehouse-and-paul-clark-pair-arrested-in-rangers-case-settle-claim-325wqhrt8

 

Two business experts who were wrongfully arrested during a doomed Rangers FC fraud investigation have settled a multimillion-pound claim against Scotland’s leading law officer.

David Whitehouse and Paul Clark, of Duff & Phelps, were administrators when the company that ran Rangers went into administration in 2012.

Both men will receive a public apology from the lord advocate, James Wolffe, QC, in the coming weeks.

 

The club was liquidated in October 2012 and Mr Whitehouse and Mr Clark resigned. Police arrested Mr Whitehouse and charged him with offences related to the takeover of Rangers in 2011 by Craig Whyte. Mr Clark was accused of “conspiracy and serious organised crime”. The charges against Mr Whitehouse and Mr Clark were dropped. Mr Whyte was acquitted of two charges, including taking over Rangers by fraud, in 2017.

Mr Whitehouse and Mr Clark’s action claimed that there was no justification for their detention, committal or prosecution and that the crown never had sufficient evidence for any of the charges.

The two won a ruling — from a specially convened bench of five judges at the Court of Session in Edinburgh last year — that the lord advocate did not have absolute immunity from a civil damages claim in such circumstances.

Lawyers acting for the crown later admitted much of the prosecution against Mr Clark and Mr Whitehouse had been “malicious” and conducted without “probable cause”.

The men launched a £20.8 million claim for compensation over their arrests.

A case against Police Scotland was settled last month and now the pair have come to an agreement with the Crown Office. It is understood that the latest settlement is worth several million pounds each.

In the previous action against Police Scotland the judge overseeing proceedings criticised the “lack of co-operation” by officers in the court case.

Edited by Uilleam
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On 14/11/2020 at 14:14, forlanssister said:

David Grier wasn't "the enemy within" that particular sobriquet belonged to Donald Muir.

 

I was present at the High Court in Aberdeen when it was first revealed that the Fiscal had ordered the raids on the defendants solicitors offices and removed all the defence files. I initially thought I misheard but it soon it became clear I hadn't. 

 

There was never ever any possibility of a successful prosecution after that revelation, the Keystone Cops could not have mounted a more inept investigation and prosecution.

The memories start coming back.....:facepalm: !!

 

- BDO are still on the case of D&P (C+W) regarding their time as administrators

- How Grier got away with a (perceived) conflict of interest just doesn't sit right with me and was for me, at least in part, a precursor as to what would follow.

 

The wide-ranging complexity, the long list of of chancers characters involved, the sometimes crazy moments alongside intricate legal interpretations, the very public PR battle, so many different intersected angles, ....all with at least tens of thousands online trying to keep up as it happened..... God, it would need about 25 'War & Peace' like volumes to cover it....I don't think, at least Scotland, has seen anything like it 

 

We can have our thoughts, theories...........But still, I don't think we know the half of it.

 

Anyone know who bought the film rights from Craig Wyhte ?

 

 

Edited by buster.
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Any miscreants are likely to retire early with suitable remuneration and if they can be bothered get employment in criminal defence firms. Do Sharper McClown do that sort of business? I don’t think there’s a firm called Shettleston and Haig but there should be.

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At the time of these events we had every newspaper every reporter from the tea boy to editors giving their own perspective on the happenings at Ibrox then there is the devil of social media and fans forums all the barrack room lawyers you could shake a stick at and they were all as far out as my first one. 

These people have been cleared of anything wrongful I hope they got plenty of compensation but I still wouldn't be happy  I would want the apology put on the fro t page of the newspapers 

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