Denise Clair seeks private prosecution of David Goodwillie as judges consider arguments

Denise Clair's bid to bring a private criminal prosecution against former Scotland international David Goodwillie has been considered by the Court of Criminal Appeal in Edinburgh. BBC News reported on November 12 that her lawyer challenged the Crown Office's decision not to prosecute, while lawyers for the Crown and Goodwillie argued that the application did not meet the necessary legal tests.

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Thomas Ross KC, representing Clair, argued that prosecutors had enough evidence to take the case to trial and a reasonable prospect of securing a conviction. He said the decision to drop rape charges because of insufficient evidence was wrong. His submissions asked the court to permit a rare private prosecution rather than leave that earlier decision in place.

Alan Cameron KC, appearing for the Crown, defended the handling of the case. According to the BBC's account of the hearing, he argued that prosecutors were entitled to decide against proceedings after considering the available evidence. He also maintained that there were no exceptional circumstances justifying the criminal letters needed for the private prosecution.

The application follows a separate civil case brought by Clair in 2017. Lord Armstrong ruled that Goodwillie and his former Dundee United teammate David Robertson had raped her at a flat in Armadale, West Lothian, in January 2011. Both men had denied the allegations. The civil court ordered them to pay Clair £100,000 in damages; the current application seeks criminal proceedings against Goodwillie.

A further dispute concerns evidence Goodwillie gave during that civil action. His lawyer, Lord Stewart of Dirleton KC, argued that using it in a subsequent prosecution would be unfair because the Lord Advocate had renounced the right to prosecute. The court also heard that Clair's legal team must establish that the original decision was one no reasonable prosecutor could have made.

Goodwillie made three appearances for Scotland and played for clubs including Dundee United, Blackburn Rovers and Clyde. His move to Raith Rovers in 2022 prompted resignations by club officials, women's team players and volunteers. No decision on Clair's application was announced in the BBC report. Lord Pentland said the judges would consider the submissions before issuing their judgment.