Crown admits ‘malicious’ prosecution of Rangers administrators

Crown admits 'malicious' prosecution of Rangers administrators

The Court of Session has awarded an interim payment of £600,000 to two Rangers FC administrators after the Crown admitted a “malicious” prosecution.

David Whitehouse and Paul Clark were appointed as administrators of Rangers in February 2012 and the club was liquidated in October 2012, shortly before both left their positions.

Mr Whitehouse and Mr Clark were both arrested and charged in relation to their positions as administrators for Rangers FC. The charges were later dropped and the two men allege that the Crown Office and Police Scotland subjected them to wrongful detention, arrest and prosecution.

The pair are claiming for a total of £14 million in damages and although the case is still ongoing, Lord Tyre in the Outer House ordered an interim payment of £600,000 after new revelations from prosecutors.

Lord Mulholland was Lord Advocate at the time and had previously denied any wrongdoing.

However, this week the court was told by the former Lord Advocate’s lawyer Gerry Moynihan QC that the Crown was now admitting liability for wrongdoing in parts of the prosecution.

Mr Moynihan said that the Crown now accepted that the treatment of Mr Whitehouse and Mr Clark during the prosecution was in breach of Article 5 of the European Convention on Human Rights and that the prosecution – beyond the initial hearing – was “malicious”.

Lord Tyre continued the matter for a further procedural hearing next month, and a full hearing is scheduled for January 2021.

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