SNP Government awards David Goodwillie rape victim legal aid to pursue criminal trial
by Andrew Quinn, https://www.dailyrecord.co.uk/authors/andrew-quinn/ · Daily RecordGet the latest Daily Record breaking news on WhatsApp
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The Scottish Government has awarded David Goodwillie's rape victim legal aid so she can pursue a criminal trial.
The Government said Denise Clair was eligible for legal aid, meaning she will make history by bringing the first private criminal prosecution in Scotland for 150 years.
The Scottish Government wrote to Clair’s legal representatives to confirm that Ministers had approved their application for legal aid to support an application to the High Court to pursue a private prosecution.
A Scottish Government spokesperson said: “This has been a particularly unique and complex case which required detailed consideration. After careful assessment Ministers have decided to award legal aid in this case.”
A civil case found the former Scotland striker and then-Dundee United teammate David Robertson raped Denise Clair in 2011.
Clair's legal team previously said she has been "left in limbo" after Scottish Government ministers failed to respond six months after an official request for legal aid to fund a criminal court private prosecution.
Goodwillie was ruled a rapist in civil action in 2017. The Crown Office had earlier dropped rape charges against him, saying in 2011 there was "insufficient evidence". He has continued to protest his innocence and has since said he would welcome a criminal trial.
John Swinney said in November that the Scottish Government had "taken too long" to make a decision over the reopening of criminal proceedings against Goodwillie.
The First Minister had said in the Holyrood chamber: "I think the Government has taken too long to consider the request that Ms Clair has made to us. When I saw the news reports at the weekend, I asked for there to be greater urgency into the engagement with her agents on this question because I am dissatisfied with how long it has taken and I express my apology, through Mr Findlay, to Ms Clair today."
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