Veteran Scots lawyer Ross Harper returns on eve of Harry Clarke private prosecution bid

Ross Harper, 81, led Scotland’s first successful private prosecution for a woman who was raped and knifed 34 years ago.

Mr Harper, who retired to Australia, is back in Scotland as a team prepares a private prosecution against Harry Clarke, whose bin lorry careered out of control on 22 December, 2014 – resulting in the deaths of six people.

The former Conservative Party president in Scotland said: “It’s important that justice is transparent. I think scrutiny is absolutely right and is the lifeblood of democracy. Nobody should be above the law, including those who promote it.

“Nobody has approached me or asked me how I did it so I presume they know what they’re doing.”

In 1982 Mr Harper represented Carol Douglas in the famous Carol X case. She was raped, assaulted with a knife and left to die after being attacked by three men.

One of the men confessed and Ms Douglas identified all three but the Crowndeclined to prosecute them because a psychiatrist said a trial could affect Ms Douglas’ mental health, prompting a furious backlash from the public.

Mr Harper said: “I met her and she had been through this trauma. She was scarred, devastated and traumatised. But the one thing she wanted was that she didn’t want these guys to get away. She was not daft – she kept going.”

Justice prevailed after 19 months, with Ms Douglas receiving compensation through the criminal injuries scheme.

The furore led to questions in the House of Commons and the resignation of Sir Nicholas Fairbairn, then Solicitor General.

Mr Harper said: “He stupidly answered questions at two o’clock in the morning from a journalist. So it became headline news and the rest is history.

“I met with the Crown Office who couldn’t have been more helpful. They agreed to the private prosecution. It was nerve-wracking. Although Carol was fine sitting in a chair opposite me, I was worried she wouldn’t be able to stand up in court. I was anxious right up until the time she gave evidence.”

Mr Sweeney was sentenced to 12 years for rape while his accomplices were found guilty of committing indecent assault.

Ms Douglas died 12 years ago at the age of 51.

Mr Harper added: “Carol gave evidence bravely. She got money. I managed to persuade her to sign a mandate entrusting the money.

“My secretary acted as her mentor and guide. Carol could have got more money, in my view, but she took the first offer.

“She came to the office a month after and demanded the money. I said, ‘Spend it well.’ It could have and should have changed her life. I never heard from her again.”

Mr Harper is back in his native Scotland to talk about his biography Beyond Reasonable Doubt.

While he has lived abroad for several years he has strong views on the independence debate, saying: “I am against a second referendum. I’m in favour of the UK and always have been. Scotland has plenty of devolution. Some would say too much. I wouldn’t say too much. I think devolution is good.”

He praised both First Minister Nicola Sturgeon and Tory leader Ruth Davidson, adding: “I remember Nicola when she was a feisty lawyer. She was in the dawn of her career and I was in the dusk of mine.

“She is an impressive woman and very pleasant. And I think Ruth Davidson is doing very well. The party has had an upturn.”