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Big Wullie

The New Carol X Case.

For those of us that remember the awful Carol X case I believe this case has the same potential politically.

I think if this is a success then our Lord Advocate should resign.

I am also aware of the burden of proof in civil cases being a less exacting one but I firmly believe there was sufficient evidence to present this case to a jury.

We regularly see convictions mentioned on this very forum on a lot less evidence.

In Scotland it is a criminal offence to have sex with someone incapable of consenting.

I have seen plenty of evidence in the press to indicate this poor girl was not only incapable but legless.

Thoughts please........................


http://www.dailyrecord.co.uk/news...lie-faces-court-young-mum-4257421


Goodwillie faces court: Young mum who says she was raped by footballer David Goodwillie wins legal aid to sue him

Sep 14, 2014 09:26  
By Marion Scott
 
DENISE Clair, 27, has been told the £500,000 civil action against Goodwillie and fellow footballer David Robertson will be paid for by the taxpayer.




Denise Clair
 

A young mum who says she was raped by footballer David Goodwillie has won legal aid to sue him.

Denise Clair, 27, has been told the £500,000 civil action against Goodwillie and fellow footballer David Robertson will be paid for by the taxpayer.

Now 25-year-old Goodwillie and Robertson could be questioned about the case in court.

Goodwillie, who has categorically denied any wrongdoing, was charged with rape by police but the case against him was dropped before it reached court.

Robertson, 27, who was questioned by police but never charged, is named in papers lodged in court by Denise’s legal team.

She said: “I’m delighted Legal Aid have decided to fund the case. All I’ve ever wanted is the evidence heard in court.

“My life fell apart after the Crown Office suddenly dropped the criminal charge against Goodwillie. I’ve continued to fight because I need to know what happened to me and who is responsible.”

Former Scottish Prison Service education adviser Denise bumped into Goodwillie and former school pal Robertson during a night out in Bathgate on January 1, 2011.

She remembers nothing but waking up naked and alone in a flat in Armadale, West Lothian, the next day, believing she had been raped.

The case was dropped but the Criminal Injuries Compensation Authority ruled Denise was a victim of crime and paid out £11,000 – the highest possible award.            

Earlier this year, the Sunday Mail spoke to eyewitnesses who said Denise was “100 per cent” incapable of giving consent.            

The law was changed in 2009 to make it clear that any woman who is incapable through drink or drugs could not consent to sex.

Goodwillie – who signed for Aberdeen in July – and Robertson took Denise from Chalmers nightclub in Bathgate in a taxi after promising concerned stewards they were taking her home.

Stewards say she was stumbling around with no shoes, had lost her coat and bag and was incoherent with her eyes “rolling about in her head”. Tests showed an almost fatal level of alcohol in her system.

In July 2011, the Crown Office said the rape charge was being dropped due to “insufficiency of evidence”.

Days later, Stirling-born Goodwillie was signed by  Blackburn Rovers from Dundee United in a £2.8million deal.

Denise’s lawyer Cameron Fyfe said: “Denise wanted the evidence tested in court and a civil action is now her only route to do that.”

In a letter, the Scottish Legal Aid Board stated: “The application for civil legal aid has been granted.”

Goodwillie’s lawyer Liam O’Donnell said: “The Crown were aware of all the evidence and correctly decided not to raise a prosecution. David will vigorously defend any court action.”

Livingston FC player David Robertson declined to comment. He has applied to Legal Aid to defend the action.
david

I see this case the other way.



The Lord Advocate and Government want this case in the Court of Session to support their views on the abolishment of corroboration.

Why else would somebody be sanctioned half a million in civil legal aid.

It is arguably politically motivated
Big Wullie

I see your point David but we will never really know what they are thinking.

Half a Million is a lot of money for SLAB to sanction for any case let alone a civil one.

SLAB must be confident they will be able to recover the money.
david

i wonder if an innocent person wrongfully convicted could sue a false accuser on legal aid if there is fresh evidence.
Big Wullie

david wrote:
i wonder if an innocent person wrongfully convicted could sue a false accuser on legal aid if there is fresh evidence.


I think the answer to that David is simple.

We all saw what happened when Shirley McKie and David Asbury asked for legal aid to challenge the fingerprints, it was refused.

So unless Frontline Scotland or the BBC Panorama step in to help your answer must be a firm no.

Legal Aid would not be granted.

You certainly would not get half a million.

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Sincere thanks to all those who have supported Shirley and challenged miscarriages of justice on this forum.