Former Lord Advocate condemns 'personal attack' over Rangers prosecutions

Holyrood
Published 11th Feb 2021

Scotland's former lord advocate has pushed back on "false and scandalous'' attacks on him over the malicious prosecution of two Rangers FC administrators.

Paul Clark and David Whitehouse were awarded more than £20 million after charges brought against them in their 2014 indictment were dropped or dismissed.

After they were cleared, the pair launched a civil action against the Crown Office and Police Scotland, with the current Lord Advocate, James Wolffe QC, admitting liability last year.

The issue has come into sharp focus this week, with Mr Wolffe apologising to the two men in Holyrood, while the Scottish Tories held a debate in Parliament calling for a judge-led inquiry into the matter.

But Lord Mulholland, the lord advocate at the time, has now spoken out on the issue.

A statement from Lord Mulholland's lawyer David McKie said: "In light of the unfounded personal attack made on my client in the Scottish Parliament on Wednesday, he requires to take the unusual step of responding publicly to the false and scandalous statements made under the protection of parliamentary privilege.''

The statement did not elaborate on which statements Lord Mulholland deemed to be a personal attack.

The lawyer said Lord Mulholland, who is now a judge, has remained silent on the matter due to his position, but went on to say he supports calls for an inquiry.

Such an inquiry is also supported by Mr Wolffe and Police Scotland Chief Constable Iain Livingstone.

The statement said: "He wishes to make it clear that he welcomes the independent judge-led public inquiry into all the circumstances surrounding this case and it carries his unequivocal support.

"My client looks forward to participating in its proceedings to the fullest possible extent.

"He believes that the fullest possible degree of transparency is required and strongly supports robust and thorough interrogation of the full facts of this case.

"Given the importance of this matter, and the obvious public interest in a full examination of the circumstances, it is absolutely imperative that the remit of any inquiry also specifically extends to the handling of the recent civil case, not least given the sums of public money involved.

"His view is that any inquiry should also include a public and open review of the entirety of the evidence at the time of indictment, and a detailed examination of all of the case's processes prior to the decision to proceed.''

Speaking at the Public Audit and Post Legislative Scrutiny Committee at Holyrood on Thursday, police chief Mr Livingstone said: I did listen to the debate in the Scottish Parliament yesterday and heard from the Lord Advocate and a number of members.

"I shared the levels of concern that were expressed and I also share what was the will of Parliament that the role of Police Scotland would be included with any judicial inquiry that is then established.

"I give my full commitment to participate fully with that, I agree that there should be an inquiry into the circumstances and I give my commitment that the Police Service of Scotland will contribute to and co-operate fully with any inquiry that arises.''

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