Lord Advocate, when the Scottish state bent over football


You will not recall an earlier time when the Lord Advocate made an unreserved apology to parliament and the Scottish taxpayer for a wrongful prosecution because it has never happened before.  Yesterday, the incumbent of that position since 2016, James Wolffe QC, did just that over the persecution of Rangers’ administrators, David Whitehouse and Paul Clark.  Each man received £10.5m compensation, an astonishing 20% of the annual Crown Office budget.  The total cost of the fiasco is likely to exceed double this amount, possibly as high as £50m.

That’s not all.  Last year Whitehouse and Clark settled an action for wrongful arrest against Police Scotland for a figure that those in power have decided you and I should never find out.

The case stood on the selective use of evidence.  Police and prosecutors were in possession of the legendary Charlotte Fakes files, some of which proved Whitehouse and Clark were innocent of the charges, but those documents were not made available to the defence.  It is the same modus operandi used to lock up the Guilford Four, who police had evidence of their innocence, but who spent 15 years in prison.

Roddy Dunlop, QC for Whitehouse, demanded answers as to why the arrests and subsequent prosecutions took place.  He is not alone, although I suspect Mr Dunlop, you and I have a fair idea. The Crown acknowledged the prosecutions, which started in 2014, were “malicious” – a huge word for the Lord Advocate to use about his prosecution services.

What’s it to you?  The criminal and prosecution service acted maliciously in the matter of who controlled the assets of a football club, in Scotland, between 2014 – 2018.  The two administrators, their employer Duff & Phelps and those they associated with over the sale of Rangers assets, faced grassroots opposition to their actions.

You may wonder if the might of the Scottish state bent (which it did) in tandem with this opposition (which has yet to be determined).  Opposition MSPs have called for a public inquiry, the Scottish Government do not want you to know what happened, so are opposed to this request.  A status that will hold at least until May’s elections.

…..and they still ask why I’m not a member of the cult?

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  1. HRVATSKI JIM on 10TH FEBRUARY 2021 12:07 PM


    Hrvatski Jim,



    Respectfully, what in M Fraser’s track record makes you think he is more interested in …



    a methodical process to achieve justice



    As opposed to cheap, opportunistic point scoring?






    Nicola Sturgeon has also stated that, when the time is right, she thinks that an inquiry would be appropriate. How does that qualify as “cheap, opportunistic point scoring”?

  2. TheLegendOfPeterGrant on

    Sadly the “Scottish state” were not the only ones who “bent over”… #Res12 #Res11

  3. Paul 67,



    Who still asks why you’re not a member of the cult ?



    We have a brain.




  4. The Blogger Formerly Known As GM on

    Only 2 questions need answered: Why and who stood to benefit if the prosecutions were successful?



    As Paul says, we may never find out.



    This is what happens when you live in a backwater – those in charge can abuse power and no one is capable of holding them to account.

  5. So, is the game likely to go ahead tonight? No fans, for onece, is an advantage in this matter.



    PS I realise this is insignificant compared with the malicious prosecutions topic but I am still interested .

  6. Game day. Excited as usual. Confident of a big victory as usual. Time to skelp the opposition.



    A squeaky 1 goal victory margin it will be then!

  7. I always thought that the assets of the club in liquidation in particular the stadium was obtained for the price it was, this seemed to be agreed quickly and was snapped up by big hands, I hope BDO are successful in their action against those who did this.

  8. And yes an independent public inquiry, Judge led from outside Scotland should happen , as well as those responsible for the investigation and pursuit of malicious charges disciplined and removed from whatever service they belong too with loss of pensions.

  9. Paul67



    Suggest the issue re: alleged corruption/secrecy/malpractice among the judiciary is maybe an adherence to a somewhat different “cult” than the one I think you’re suggesting.

  10. Pingback: Lord Advocate, when the Scottish state bent over football | Celtic FC News Now

  11. Haven’t agreed with a lot of your articles of late Paul but nail on head today. Absolute scandal the money that this corrupt case has cost every single person in the country. There must be an enquiry led by people outside of Scotland…….Heads must roll for this

  12. HS- no info on a pitch inspection, actually a beautiful sunny day here…with about 4 inches of snow underneath



  13. theBHOYfromU.N.C.L.E on

    Really torn on the vaccine issue,due mine tomorrow and still not made a definitive decision on it.



    I consider myself very much in the fit and healthy category which belies my age but would hate to be denied foreign travel as the plan is to be away 3 or 4 months of the year if/when things settle down.



    How realistic is this so called ‘vaccine passport’ ?

  14. DESSYBHOY on 10TH FEBRUARY 2021 12:54 PM



    As was highlighted on Scotland Tonight last night, the current LAdvocate is clearing up a situation which arose under the watch of his predecessor – who is now a High Court judge.



    I personally think that to avoid any suggestion of conflict of interest, any such enquiry would need to be chaired by non-Scottish and preferably non-UK judge.



    I think that P67 needs to consider the wider aspects of the influence of the Edinburgh Establishment in this case and their fraternal cults as opposed to flogging his usual political suspects.

  15. Sevco suppprters(or worse, supremacists ) in positions of power, abusing that power(to the cost of tax payer), unchecked, in both the Enforcement and Judicial departments, then not addressed by Govt.



    It’s crazy.

  16. SD


    He is not clearing anything up yet, he has issued and apology for a malicious prosecution, Moynihan QC has said no criminal conduct of those involved in this, so what was the motivation then, why were these guys charged , where were the checks and balances in the case before coming to court, why did they do this?


    A mega payout from us the taxpayer and pensions for those in public service involved in this, which will be paid by us unless they lose these, that for me is a minimum.

  17. squire danaher on 10th February 2021 1:16 pm



    Absolutely spot on, but if you throw enough mud????????



    Covid deniers, trump supporters, bib bad proddie theorists, all exist on here and they all have one thing in common, they will believe anything the confirms their own bias.



    I’d like someone to tell me who benefited from this case? I can only see the administrators gaining anything.

  18. Most orgs have a chain of command in order to check that no-one person or department goes “rogue” the indication could be suggested that as this went so far, then the attitude behind is systemic otherwise how can anyone explain the extent to the corrupt failure. Either way , major cultural change required, however that means acceptance of problem/failure……in Scotland, not sure that will ever happen, sadly. Hope it would, but doubt it.

  19. DESSYBHOY on 10TH FEBRUARY 2021 1:36 PM



    ‘Clearing up’



    I really meant being left responsible.

  20. Timmy 7_ noted



    It remains the case that the only time C Whyte panicked during the whole process was when HMRC moved to appoint their own choice of administrators and he rushed to the HC to get his choice of Duff and Phelps installed.

  21. glendalystonsils on

    I’m excited! Less than three weeks to the March review!



    …Or should that be April ??

  22. “Opposition MSPs have called for a public inquiry, the Scottish Government do not want you to know what happened, so are opposed to this request. ”




    Paul, whilst the Scottish Government has not taken a position on this yet (which is not possible as the proceedings are still sub-judice), Nicola Sturgeon was quoted in response to Murdo Fraser in September 2020.



    “He asked: “Does the First Minister agree with me that that scandal demands a full, detailed and public inquiry, on conclusion of the litigation, so that those responsible can be held to account?



    Ms Sturgeon said “I agree” but she said that she would be “limited” in what she said as the matters were still “live before the court”.



    She said: “They also involve issues that relate to the independent prosecution functions of the Crown Office, not to functions of the Lord Advocate as part of the Government. Again, those are distinctions that members, particularly those who have a legal background, should probably understand



    She added: “I will say, in general terms, because of the caveats that I have just had to insert, that, of course, for anything of that nature, in the fullness of time and when no live proceedings are under way, it is appropriate that there would be full, proper and appropriate inquiry into what gave rise to those circumstances.



    “That is probably as much as I can or should say at this point. I hope and expect that Murdo Fraser will understand.”






    If this issues divides on party allegiances, it will likely fail. Let is welcome everyone who wants justice on this issue irrespective of political persuasion.

  23. What I’d like to know is how come the levels of compo are so high?



    Clark and Whitehouse are still employed by Duff & Phelps, who obviously would never have had any doubts about their guilt, so what financial losses have they suffered, or be likely to suffer, because of what happened?

  24. I havnt received my vaccine invitation yet – maybe they know that it will get put straight on the fire. Not being a guinea-pig for these dubious experimental jabs.

  25. glendalystonsils on

    MARTIM1980 on 10TH FEBRUARY 2021 1:31 PM


    Sevco suppprters(or worse, supremacists ) in positions of power, abusing that power(to the cost of tax payer), unchecked, in both the Enforcement and Judicial departments, then not addressed by Govt.



    It’s crazy.




    It’s Scotland .(Fixed that for you)

  26. Garngad to Croy on

    Craig White stated that the only mistake he made in the whole Rangers saga was not being in the Mason’s . He was invited to Bute house by Alex Salmond , he had a High ranking Advocate , a Top Scottish Judge and a high ranking member of the Dup who all offered to sort out any problems he might encounter because they mistakenly assumed he was a Freemason.

  27. Aipple,



    that was a good read early hours.



    I am beginning to think there might be a C-Anon group of Attention seekers posting from remote places, with a bison headrest on , waving a spear and repeating the same things over and over and over and over.



    Is he gone yet


    Brron is finished


    Bitton is crap


    Sack Kennedy



    on and on and on and on.

  28. Now we also see that the cost of the New Sick kids Hospital in Edinburgh will rise from 150m to 432m over a 25 year cycle, does anyone in Government know what they are doing in any department?

  29. those two lads are senior guys in Duff and Phelps (massive global company) and still work there. if there was a sniff of impropriety, they would have been pumped out. I think this was purely malicious by people not as good at their job as they thought they were.



    PS D&P have a nice big office on St Stephen’s Green in Dublin

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