Yahoo Finance Charles Green should not have been prosecuted over Rangers takeover, Lord Advocate admits
The reputation of Scotland’s Crown Office has sustained another serious blow with regard to its dealing with Rangers following the admission of the Lord Advocate, James Wolffe, that Charles Green – formerly chief executive at Ibrox – should not have been prosecuted for fraud in relation to his takeover of the club in 2012. The admission follows an apology by the Lord Advocate to David Whitehouse and Paul Clark, who were appointed administrators after the financial collapse of the regime of former owner, Craig Whyte, also in 2012.
Last week the Crown Office admitted that the prosecution of Whitehouse and Clark, beyond their initial court appearance, was “malicious” and conducted without “probable cause.” Whitehouse was awarded £350,000 and Clark £250,000 in interim payments ahead of a lawsuit by the pair in which they claim a total of over £20 million as compensation for breaches of human rights and damage to reputation from a case in which they were cleared of all wrongdoing.
The action was brought under a previous Lord Advocate – Frank Mulholland – who is now a judge with the title of Lord Mulholland. The case against Green was also brought during Lord Mulholland’s time in charge. Green, formerly CEO at Sheffield United, will receive a public apology from the Lord Advocate James Wolffe. A letter sent to Mr Green’s solicitors, Jones Whyte LLP of Glasgow, adds that damages will be paid.
The letter - from The Scottish Government Legal Directorate, Litigation Division – states: “I write to intimate that we are now in receipt of instructions on behalf of the Lord Advocate to attempt to negotiate settlement of the above action. The Lord Advocate intends to issue a public apology that Mr Green should never have been prosecuted. In addition, damages will be paid.
“Our suggestion is that on production of properly vouched losses, quantum be addressed at mediation. These negotiations would be on the basis of no admission of liability.”
Mr Green commented, “I understand the letter was received at approximately the same time as the two former administrators of Rangers, Messrs David Whitehouse and Paul Clark of Duff & Phelps received theirs. I was relieved to hear that.
“The Lord Advocate of Scotland admitted in court that Mr Clark and Mr Whitehouse had been the victims of malicious prosecution by the Crown. I will be making no further comment.”
Michael McLean, a partner at Jones Whyte said: “The admission made by the Lord Advocate is without precedent. Our focus is now to quantify the significant losses suffered by Mr. Green relating to what has been a damaging, traumatic and stressful life event for him.”
