Bid for reporting restrictions refused in David Goodwillie private...

Bid for reporting restrictions refused in David Goodwillie private...
Source: Mail Online

A bid to postpone reporting on proceedings around the private prosecution of former Scotland footballer David Goodwillie for rape has been refused.

At a procedural hearing on Friday, a judge ruled the request from Goodwillie's representative to postpone reporting of the proceedings should be refused.

Goodwillie and former teammate David Robertson were ruled in a civil court in 2017 to have raped Denise Clair, but no criminal charges have been filed against the pair.

Ms Clair is now looking to launch a private prosecution against Goodwillie, a rare process in the Scottish legal system.

Known formally as a Bill for Criminal Letters, a private prosecution involves an individual or organisation seeking to prosecute the accused, rather than the Crown Office taking action.

In February 2025, legal aid for the first stage of the private prosecution attempt was granted.

Goodwillie has insisted he is innocent and has previously told a podcast he wanted to move on with his life.

On Friday, the KC representing the former Scotland striker had argued publication of the previous civil case and the current procedural hearings around the private prosecution attempt should be postponed.

The court is not persuaded it's appropriate to anonymise the identity of the complainer in these proceedings

John Scullion KC said the publication of the previous case could risk prejudicing the current proceedings, inviting the court to make an order postponing publication.

He told the Criminal Appeal Court in Edinburgh: "There is currently a great deal of prejudicial information available."

Thomas Ross KC, representing Ms Clair, opposed the move, saying it would be "quite a drastic step".

He had earlier told the court Ms Clair had effectively waived her right to anonymity in the case and has spoken about it publicly.

Lord Pentland, who chaired a panel of three judges, responded to Mr Scullion’s bid saying: “The court is not persuaded that it is appropriate to make any such order and it is refused.”

The senior judge also addressed the issue of anonymity for Ms Clair, given her lawyer’s earlier comments.

Lord Pentland said: “The court is not persuaded it's appropriate to anonymise the identity of the complainer in these proceedings.”

The procedural hearing on Friday also discussed issues around legal aid.

Lord Pentland said the court would write to the Scottish Government to emphasise the importance of a determination around this.

A further procedural hearing has been set for June.