John Swinney has said the Scottish Government “has taken too long” to make a decision over the reopening of criminal proceedings against David Goodwillie. A civil case found the former Scotland striker and then-Dundee United teammate David Robertson raped Denise Clair in 2011.
Clair’s legal team said she has been “left in limbo” after Scottish Government ministers failed to respond six months after an official request for legal aid to fund a criminal court private prosecution.
Goodwillie was ruled a rapist in civil action in 2017. The Crown Office had earlier dropped rape charges against him, saying in 2011 there was “insufficient evidence”. He has continued to protest his innocence and has since said he would welcome a criminal trial.
Swinney apologised to Clair when asked about the issue by Scottish Tory leader Russell Findlay during First Minister’s Questions on Thursday. He added he was “dissatisfied with how long it has taken” and had “asked for there to be greater urgency”.
Findlay asked the First Minister: “In the chamber today is Denise Clair, who was raped by David Goodwillie and David Robertson. No credible explanation has ever been given as to why the Crown Office did not prosecute. Frankly, the case stinks.
“Denise was forced to take civil action against the two men, and a judge agreed that she had been raped. She has since asked the Government to fund a private criminal prosecution but continues to be left in limbo. Denise has suffered for 13 long years and here is here question to the First Minister: Will your Government do the right thing and support the prosecution?”
Swinney replied: “On the case of Denise Clair, obviously this is an issue which has been pursued through a civil action by Ms Clair and the court has come to its judgment on that question. I am aware that she has approached ministers for the steps necessary to ensure her case can be pursued as a private prosecution. That issue is being considered by the government.
“But I have to say to Mr Findlay today, I think the Government has taken too long to consider the request that Ms Clair has made to us. When I saw the news reports at the weekend, I asked for there to be greater urgency into the engagement with her agents on this question because I am dissatisfied with how long it has taken and I express my apology, through Mr Findlay, to Ms Clair today.”
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