First Minster John Swinney has said he is “dissatisfied” with the length of time it has taken for a decision to be made on the private prosecution of disgraced footballer David Goodwillie.
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 rare private prosecution – in which an individual or organisation seeks to prosecute the accused, rather than the Crown Office taking action – but is reliant on financial assistance.
Ms Clair’s case was raised in Holyrood by Scottish Tory leader Russell Findlay.
“No credible explanation has ever been given as to why the Crown Office did not prosecute,” the Tory leader said.
“Frankly, the case stinks.
I am dissatisfied with how long it has taken, I express my apology through Mr Findlay to Ms Clair today
“Denise was forced to take civil action against the two men and a judge agreed that she had been raped.”She has since asked the Government to fund a private criminal prosecution, but continues to be left in limbo.”
Responding to Mr Findlay, John Swinney said: “I think the Government has taken too long to consider the request that Ms Clair has made to us.
“And when I saw the news reports at the weekend, I asked for there to be greater urgency put into the engagement with her agents on this question.
“I am dissatisfied with how long it has taken, I express my apology through Mr Findlay to Ms Clair today.”
Solicitor General Ruth Charteris KC said: “I met with Denise Clair to explain why her case was not prosecuted and I appreciate that decisions taken continue to cause her great upset.
“The Crown are precluded from taking up her case now, but the experience she shared of her involvement in the criminal justice system had a profound impact on me.
“What I heard from Denise, and from others who have told their stories, have assisted the Crown Office in its ongoing wider review into the prosecution of sexual offences.”
Mr Findlay also raised the case of Claire Inglis, who was murdered in her home three years ago.
Christopher McGowan was jailed for the murder, which a judge described as “beyond sadistic” after having been bailed five times for other offences despite previous convictions.
While Ms Inglis’s parents watched from the gallery, Mr Findlay said they were still “fighting for answers” after it emerged Stirling Council’s social services department had raised concern months before her death.
Responding, the First Minister said: “We have taken steps to ask Stirling Council to undertake further examination and exploration of the issues involved, to engage directly with Claire’s parents and obviously we will discuss those issues in this exchange today.
“I remain committed to making sure that the family receives the answers that they understandably deserve.”
A statement from Ms Inglis’s mum Fiona, released by the Scottish Tories, said: “We should not have to come to Parliament again, and on the third anniversary of our beloved daughter’s murder, to beg the First Minister for answers.
“We feel trapped and unable to move on because we continue to be deprived of basic but vital information.
“There is something far wrong with Scotland’s justice system when victims are kept in the dark and not treated as a priority.”
Both cases, Mr Findlay said, along with the passage of a Bill this week that would allow offenders serving short-term sentences to be automatically released after serving 40% of their term rather than 50%, were a symptom of “soft touch SNP justice”.
The First Minister said: “I will always take seriously the concerns of victims and will take the action necessary to ensure the interests of victims are fully and properly taken into account in all the steps that the Government takes.”
