Court update:
Grier's case is that he was railroaded by the Crown.
Mulholland claims his hands were 'not on the tiller', although he knew the prosecution would not be plain sailing.
Mulholland throws J Keegan, QC, who was in the van, under a bus.
Ship of fools.
That's about it.
Oh, Lord Mulholland is a Zoomer, apparently.
Prosecutor denies having ‘hand on tiller’ of botched Rangers FC inquiry
James Mulholland
Saturday April 10 2021, 12.01am, The Times
Lord Mulholland told a court that he had a limited role in investigating claims around Rangers
https://www.thetimes.co.uk/article/prosecutor-denies-having-hand-on-tiller-of-botched-rangers-fc-inquiry-3lfwbwcpv
A former lord advocate has denied having his “hand on the tiller” of the ill-fated fraud investigation into the takeover of Rangers FC that has cost police and prosecutors millions of pounds in compensation.
Lord Mulholland, now a High Court judge, said his role in the affair had been limited and that other Crown lawyers were behind key decisions into an investigation into allegations of wrongdoing at Rangers.
He was giving evidence on the fourth day of proceedings brought to the Court of Session by the consultant David Grier, who is seeking £7 million from police and prosecutors for his “wrongful arrest” after Rangers went into administration.
Grier was acquitted of all charges but says his arrest in November 2014 was “career ending”. Police were investigating alleged criminality during Craig Whyte’s takeover of Rangers in 2011.
Grier, 60, is suing the present lord advocate, James Wolffe QC, and Police Scotland, claiming that they had no evidence to justify the arrest or charge. He is also suing the chief constable of Police Scotland. Both police and prosecutors are contesting the action.
Lawyers for Grier said that Lord Malcolm, another judge who heard evidence about the Rangers investigation, had concluded that Mulholland was a key player in directing inquiries. Wolffe’s representatives said that Mulholland had had his hands “on the tiller” throughout.
Andrew Smith QC, for Grier, asked Mulholland: “Just to be clear, in a hearing before Lord Malcolm, where I appeared . . . Lord Malcolm repeated that phrase to me in court — ‘hands on the tiller’.
“So can you tell me whether you consider it correct or incorrect if it’s being represented that your hands were on the tiller throughout the inquiry?”
Mulholland, 61, replied that his role was advisory. “It’s not a phrase I would use. The direction of the prosecution was run by Jim Keegan [ QC] and by the prosecution team,” he said, adding: “I didn’t have day to day involvement in it but I was available.”
Mulholland also told the court that he appreciated that the investigation was “high profile” and that he wanted it to be properly resourced.
“I knew from experience how large cases require resources and I also knew that resources were finite. I went for additional funding to the Scottish government to fund the Rangers inquiry,” he said.
Documents cited by Mulholland as evidence of his limited involvement inclued minutes prepared by a Crown lawyer who told him there was enough evidence to prosecute the men, who would go on to be acquitted.
Mulholland said he had reservations, telling the video hearing: “I said to her at a meeting, ‘is there not a danger that this is making the case overly complex?’ ”
Grier was one of several men arrested during the investigation into Rangers’ financial position during the past decade and the sale of the club to Whyte. Prosecutors claimed that Grier participated in a fraud with the businessman to finance his takeover of the club. Whyte was also acquitted.
In February Lord Tyre concluded that prosecutors had no “probable cause” to prosecute Grier. However, the judge said there was insufficient evidence to conclude that prosecutors brought the case maliciously.
Grier’s hearing before Lord Tyre continues on Tuesday.
His action follows admissions by the Crown that the businessmen David Whitehouse and Paul Clark had been wrongfully arrested and prosecuted. The two sought a combined payout of £20.8 million from the Crown Office and Police Scotland, settling for £10.3 million plus legal costs, which are thought to have hit £3 million each.
In November the Crown admitted liability for a malicious fraud prosecution of the former Rangers executive Charles Green, who went to court seeking £20 million. Whitehouse and Clark have asked Green to give evidence in a separate case in the Rangers fallout.