Judges consider submissions in bid for private prosecution of David Goodwillie

A panel of judges are considering a bid to privately prosecute former Scotland striker David Goodwillie and hope to issue a ruling "as soon as practicable".

A civil court ruled in 2017 that the former footballer and former teammate David Robertson raped Denise Clair at a property in West Lothian following a night out in 2011, but no criminal charges were filed against the pair.

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

Robertson denied any wrongdoing during the civil suit.

Ms Clair, who has waived her right to anonymity, is seeking a private prosecution against Mr Goodwillie - a rare process in the Scottish legal system.

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

The Lord Justice General Lord Pentland is chairing a panel of three judges who are considering the bill.

After hearing legal arguments in favour and against the proceedings at the Criminal Appeal Court in Edinburgh on Thursday, he said they "will take some time to consider submissions" and will "issue a judgment as soon as practicable".

Advocate Depute Alan Cameron earlier said the Crown could not agree to the bill.

He stated: "In relation to the test set down by this court, the Lord Advocate submits that there are no exceptional circumstances which would permit the issuing of a Bill of Criminal Letters."

Mr Cameron said it is "fundamentally different" from a court deciding whether to grant a judicial review because of the requirement for "exceptionality" when deciding whether to allow a Bill of Letters.

Lord Pentland said: "The fundamental reason why the bar has to be set at such a high standard is a reflection of the different constitutional responsibilities of the Lord Advocate and the court."

The court also heard that Goodwillie (the respondent) gave evidence during the civil case and this could in theory be used at any potential private prosecution.

Mr Cameron said: "The respondent gave detailed evidence under oath at the civil proof.

"The evidence is in theory admissible but whether it would in fact be admitted would be a matter for the trial judge."

In written submissions to the court, Ms Clair's lawyer Thomas Ross KC argued that the decisions taken by a previous Lord Advocate that there was "insufficient evidence to prove lack of consent, and (second) that there was no reasonable prospect of conviction - represented egregious errors which went beyond an ordinary mistake".

During the hearing, Mr Ross said he believed there was a reasonable prospect of conviction.

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He said evidence from a neighbour which was heard during the civil case had been "confused".

In response, Mr Cameron told the court that the prospect of conviction would have been considered by the Crown in 2011.

Written submissions from Mr Cameron also said that the decision not to prosecute "did not involve an egregious error on the Lord Advocate's part".

Juliette Casey, also acting for Ms Clair, said: "I urge the court, almost 16 years after the allegation of rape and almost 10 years after the civil case, to grant this Bill of Criminal letters."

Goodwillie was represented by Lord Stewart KC, who argued the bill should be refused.

He said there was a potential for prejudicial publicity from the civil case, noting there had not been a warning against self-incrimination at this stage.

Lord Stewart told the court: "The situation at proof was that no criminal proceedings would be taken."

Goodwillie is a former Dundee United, Blackburn, Aberdeen and Plymouth player.

The hearing, before Lord Pentland, Lord Matthews and Lady Carmichael, continues.

(c) Sky News 2026: Judges consider submissions in bid for private prosecution of David Goodwillie