Footballer David Goodwillie: Prosecutors urged to reopen criminal rape case
Goodwillie has always denied any wrongdoing and in a podcast last week said he would be "100%" willing to go to a criminal court to clear his name. Thomas Ross KC, on behalf of the civil case victim, has written to the Crown Office in the hope that prosecutors will reopen the case.
Tuesday 25 July 2023 21:25, UK
Prosecutors have been asked to consider reopening criminal proceedings against footballer David Goodwillie.
The Crown Office dropped rape charges against the ex-Scotland international in 2011 due to "insufficient evidence".
However, Goodwillie and fellow footballer David Robertson were later ruled to have raped Denise Clair, who waived her right to anonymity, in a 2017 civil case.
Goodwillie has always denied any wrongdoing and in a podcast last week said he would be "100%" willing to go to a criminal court to clear his name.
Thomas Ross KC, who represents Ms Clair, said Goodwillie would be able to object to a future criminal case because he was given an assurance it would not be prosecuted again.
He has now written to the Crown Office and Procurator Fiscal Service (COPFS) in the hope that prosecutors will reopen the case on the basis that Goodwillie will not object following his appearance on James English's Anything Goes podcast.
Mr Ross told Sky News: "There wouldn't be any hope but for the fact that David Goodwillie did a podcast last week and literally said essentially that he would welcome the chance to go to the criminal court and that he would attend 100% and he would clear his name and all of that.
"If the prosecution were to proceed against him, then he would have the right to object on the basis that they told him that they wouldn't prosecute him.
"But in that podcast he made it very clear that he wants to go to court."
COPFS said it will consider the points raised by Mr Ross.
A COPFS spokesperson said: "We understand that the decision not to prosecute continues to cause great upset to Ms Clair.
"The solicitor general, on behalf of the law officers, will consider the points raised by Ms Clair's legal representatives."
Mr Ross' letter comes after confidential documents relating to the civil case were leaked online and shared by supporters of Goodwillie.
Rape Crisis Scotland said: "We're very concerned by the unacceptable and unlawful leaking of confidential, and irrelevant, information from a civil rape case. This is a clear breach of the justice process and we expect robust action to be taken."
Police are now investigating.
A Police Scotland spokesperson said: "On Monday 24 July, we received a report relating to confidential information posted online and officers will be speaking to the reporter to gather more information on this matter."
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Read more:
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In the civil case, Goodwillie and Robertson were ordered to pay £100,000 damages after the judge ruled they raped Ms Clair at a property in West Lothian following a night out in January 2011.
Goodwillie, who has played for Dundee United, Aberdeen and Blackburn Rovers, was playing for English club Plymouth at the time of the judgment and left "by mutual consent" just days after the ruling.
Although he later played for Clyde for five years, even becoming team captain, he has since seen several football club contracts collapse due to public outrage over the case.
He was spotted earlier this month playing for Glasgow United FC, which plays in the West of Scotland Third Division.
Rape Crisis Scotland said it was "deeply disappointed" the club fielded Goodwillie in the friendly match and branded it a "bad decision that sends entirely the wrong message".
Susan Aitken, the leader of Glasgow City Council, has even threatened to bar the club from its training facility.
In response, Glasgow United FC vowed to stand by Goodwillie and said "this witchhunt has gone on for far too long".
The club stated that Goodwillie cannot "show contrite or remorse for something he staunchly claims he did not do".
During his podcast appearance, Goodwillie said: "That's why I want to fight and clear my name, just as much as she wants to fight, and get justice. Because I want justice as well."
He claimed it's all about money in a civil court, adding: "If we were going to get real justice [we'd] go to criminal court."