Court’s blast over raid on Gers files as it’s deemed "unlawful"

[ian1964 10,596]

A SWOOP on files by Rangers fraud probe cops was “abuse of state power”, the UK High Court ruled.

 

The raid at a firm linked to administrator Duff and Phelps was “unlawful”, Mr Justice Mitting found.

 

They think it’s all overkill

 

TOP judges blasted cops and prosecutors for staging an “unlawful” office raid during their probe into the Rangers takeover.

 

They were also hammered for the “heavy- handed” way they seized papers from a firm who worked for Gers administrators Duff & Phelps.

 

Two senior beaks ruled the Crown Office and Police Scotland abused “state power” — and hit them with a £500,000 bill for costs.

 

The devastating verdict was handed down at the UK High Court by Lord Justice Gross and Mr Justice Mitting.

 

It came after London law firm Holman Fenwick Willan (HFW) sued over the seizure of documents by detectives investigating fraud allegations involving the Ibrox club.

 

Last night Crown Office bosses held their hands up over the botched operation and admitted the judges’ stinging criticism had been taken on board.

 

A spokesman said: “The Crown has taken careful note of the court’s decision.

 

“It has taken steps, and will continue to take steps, along with the police and other reporting agencies to ensure that the appropriate lessons are learned.”

 

But a source close to the case described the conduct of the police and prosecutors as “scandalous”.

 

He said: “This shambles resulted in a judgment which highlights state abuse on an unprecedented level.

 

“Defendants’ legal rights have been oppressed by what appears to be a partisan police force.

 

“They carried out illegal searches after indictments were issued. And this has resulted in them paying costs of £½million.”

 

Justices Gross and Mitting said papers that were off-limits and unassociated with the Rangers case were taken during the raid.

 

And in their ruling, issued last month, they said Scots authorities ignored warnings to limit items confiscated to relevant information.

 

They added: “The search- and-seize operation was heavy-handed and resulted in the seizure of documents subject to legal professional privilege and irrelevant documents not covered by the search warrant.”

 

The judges concluded: “The actions of the defendants were an abuse of state power.”

 

It comes five months after prosecutors dropped charges against Duff & Phelps employees David Whitehouse, 51, and Paul Clark, 52.

 

Both were based at Ibrox during the takeover that sparked criminal charges against ex- Gers owner Craig Whyte, 45.

 

Fellow administrator David Grier, 55, was also cleared in May and proceedings against former Rangers chief executive Charles Green, 63, and director Imran Ahmad, 46, have been shelved.

 

Clark and Whitehouse have warned they may sue over damage to their reputations.

 

A police spokesman last night said the force was “aware” of the court’s ruling.

 

He added: “We’re working closely with the Crown Office and Procurator Fiscal Service in relation to this matter.

 

“Due to ongoing related legal proceedings, it would be inappropriate to comment further.”

 

Duff & Phelps declined to comment.

 

The Prosecutors and the Police

 

THE Crown Office last night vowed to “learn lessons” of the probe.

 

Police Scotland say they’ll work closely with the Crown and Procurator Fiscal services.

The Lawyers

 

POLICE swooped on the London premises of city law company Holman Fenwick Willan in December last year as they investigated the takeover of Rangers that led to former owner Craig Whyte facing criminal charges

The Administrators

 

THE Crown Office investigators were looking for evidence relating to former Light Blues administrators Duff & Phelps but seized other documents not covered by the warrant.

The Court

 

HOLMAN Fenwick Willan brought the case against the Crown Office at the High Court in London after their offices in the city were raided and documents seized by cops in 2015.

The Judges

 

IN a High Court ruling last month, Lord Justice Gross and Mr Justice Mitting decided the Crown Office warrant was “unlawful” and awarded £500,000 costs to Holman Fenwick Willan.

 

http://www.thescottishsun.co.uk/scotsol/homepage/news/7249753/Courts-blast-over-raid-on-Rangers-files-as-its-deemed-unlawful.html

[Frankie 8,307]

An absolute shambles...

[Uilleam 5,682]

I take it that the decision, and penalty, relate only to

 

"seizure of documents subject to legal professional privilege and irrelevant documents not covered by the search warrant",

 

and not to documents relevant to any live case.

 

What is clear that the Crown Office/PF, as with all matters relating to the Rangers' cases, has shown a remarkable lack of professionalism.

[Scott7 5,571]

Deserved black eye for the Crown Office and the Police but in fact, in the circumstances before the judges, no effect one way or the other on Rangers.

[der Berliner 3,471]

... wonder how long it will take them till they find the leaks at HMRC and our EBT case.

[StuGers 477]

... wonder how long it will take them till they find the leaks at HMRC and our EBT case.

 

 

I'm always surprised at how low key the response to these leaks was. To me, someone leaking information on a major, high profile tax case is a pretty big deal. Instead, it was applauded!