Whyte's defence says he was the 'fall guy' for Rangers problems

His QC Donald Findlay also told jurors in Whyte's fraud trial that the businessman was being made to look like a “pantomime villain”.

Published 2nd Jun 2017
Last updated 2nd Jun 2017

Former Rangers owner Craig Whyte is the “fall guy” in an “unfair and unjustified” case, it has been claimed.

His QC Donald Findlay also told jurors in Whyte's fraud trial that the businessman was being made to look like a “pantomime villain”.

But, Mr Findlay said the 46 year-old was “manifestly” not guilty of a crime in his May 2011 Ibrox takeover.

The advocate added: “The Crown are asking you to be selective in the most selective way imaginable – that is just wrong.”

Mr Findlay was today/yesterday making his closing speech to jurors at the High Court in Glasgow.

Whyte denies a charge of fraud and a second allegation under the Companies Act in connection with his Rangers takeover.

The court has previously heard how Whyte struck a £1 deal to purchase Sir David Murray's controlling stake at Ibrox.

Prosecutors claim Whyte pretended to the tycoon and others that funds were immediately available to meet all stipulated payments.

These obligations included an £18m bank debt and £5m towards the playing squad.

It is claimed Whyte helped fund the takeover with an agreement with the firm Ticketus against three years season tickets.

Jurors have heard evidence from Sir David as well as his key advisers including solicitor David Horne and ex-Rangers director Michael McGill.

Whyte's lawyer in the takeover – Gary Withey – has also testified.

Mr Findlay said: “You have seen witness after witness come into court not wanting to take responsibility and sought to absolve themselves for anything that happened.

“It is the playground mentality – it wasn't me. That is the attitude of so many witnesses in this case.”

The QC claimed it appeared both Sir David and Whyte had been “ill served” by their advisers at the time.

Mr Findlay said it was clear Whyte had bought the shares to takeover Rangers.

However, he added: “Was there a crime? The defence say that manifestly there was not.”

The advocate then turned on the prosecution take on the case.

Mr Findlay said: “A recurrent theme of what I will say to you is that the Crown approach is wrong, unfair, unjustified and unjustifiable.

“They are asking you to take 10 words from the indictment and that, if you look at those words, Mr Whyte is guilty.

“The Crown are asking you to be selective in the most selective way imaginable.

“That is just wrong, that is just unfair.”

Mr Findlay claimed there had been “buck passing, back protecting and blind eye turning” seen during the trial.

He added: “What we have to do is sweep all that away and look at it in its context and in the real world.”

Jurors were told Whyte had come along with a “business plan” prior to his takeover.

Referring to Whyte, the QC said: “There have been attempts to portray Craig Whyte as a pantomime villan...that everything was fine until he came along.

“But, that is far from the truth. He is being made to be the fall guy.

“Before you do that, you have to look at the whole evidence in this case.”

The QC pointed out there had been "no loss" to Murray in the buyout.

Mr Findlay also spoke of the share purchase agreement signed as part of the takeover.

The document makes reference to “third party resources”.

The QC went on: “What did Murray advisers do about it? Absolutely nothing. Why not? It is because what mattered was getting the deal over the finishing line.”

The trial has previously heard claims “nothing” was spent on “due diligence” into Whyte's background before the buyout.

Mr Findlay said it seemed the Murray team had been “more focused” on securing a sale.

Mr Findlay referred to Rangers early Champions League exit against Swedish side Malmo after Whyte took the helm at Ibrox.

The QC: "If Rangers had made the league section of the Champions League, do we actually think we would be here today?

"The probability is no."

The court had heard claims the defeat had cost up to £20m in lost income.

The trial, before Judge Lady Stacey, continues.