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No Exceptional Circumstances for Private Prosecution of Goodwillie, Court Hears
The court heard there are no exceptional circumstances for a rare private prosecution, while Denise Clair says earlier Crown decisions were mistaken.
The Criminal Appeal Court in Edinburgh heard a bid by Denise Clair to launch a private prosecution against David Goodwillie on Thursday, seeking a Bill of Criminal Letters nearly 16 years after the alleged rape.
A civil court ruled in 2017 that Goodwillie and David Robertson raped Clair in 2011, yet the Crown Office filed no criminal charges. Clair's legal team argues the decision represented an "egregious error."
During the hearing, lawyer Thomas Ross claimed there is a "reasonable prospect of conviction." Advocate Depute Alan Cameron countered there are "no exceptional circumstances" to justify issuing a Bill of Criminal Letters.
Goodwillie's lawyer, Lord Stewart, argued the bill should be refused, citing potential prejudicial publicity from the civil case. Stewart told the court, "The situation at proof was that no criminal proceedings would be taken."
The Lord Justice General Lord Pentland is chairing the panel of three judges considering the submission. Pentland said the court will take time to consider arguments and "issue a judgment as soon as practicable.