The Criminal Appeal Court in Edinburgh is hearing Denise Clair's bid to launch a private prosecution against former Scotland international D. Goodwillie. The case centres on whether the Crown Office made the wrong call when it dropped the rape case, not on relitigating the allegation itself. A civil court ruled in 2017 that Goodwillie and ex-Dundee Utd teammate David Robertson raped Clair.
The Crown's decision under challenge
Thomas Ross KC, representing Clair, told BBC Sport: "There was a sufficient body of evidence available which would have allowed a prosecution to proceed and there was a reasonable chance of conviction. Our position is that in the circumstances the Crown have got it wrong."
The Crown's response was just as firm. Alan Cameron KC said: "There are no exceptional circumstances which would permit the issuing of criminal letters."
Clair is asking the court for permission to use a Bill of Criminal Letters, a rare route that carries a very high legal threshold. Lord Pentland has already described that bar as high because of the different constitutional responsibilities of the Lord Advocate and the court.
Goodwillie's football background remains part of the story
Goodwillie's name still carries football weight because he won three caps for Scotland. He also moved from Clyde to Raith Rovers in January 2022, before Raith released him in September 2022 after the move triggered resignations and controversy.
The hearing is ongoing, and no judgment has been issued. That will come as soon as practicable, leaving the court to decide whether the Crown's original choice stands or whether Clair can force the rare private prosecution route.
Written by Sam Whitfield with AI-assisted research, cross-checked against 2 outlets. How we work →
