Lord Mulholland’s leaked email is the sharpest intervention yet in the Rangers administrators prosecution row. The former Lord Advocate says there was a clear sufficiency of evidence to prosecute, rejects the malicious prosecution settlement and even hints he may take action over James Wolffe’s apology.

Mulholland's case against the settlement

Mulholland said he was left “surprise (now incredulity)” by the decision to settle the case on the basis of malicious prosecution. He then went further, saying: “There was a clear sufficiency of evidence. It is not finely balanced, there was a clear sufficiency.”

He also defended the prosecution team, writing: “I did nothing wrong, nor did I see any wrongful (or negligent) behaviour amongst the prosecution team.” The tone of the email matters because it does not read like a man backing away from the row. It reads like someone who thinks the settlement itself was the mistake.

That puts him directly against the stance taken by James Wolffe, who said: “In this particular case there was a very serious failure in the system of prosecution.” Wolffe apologised to parliament and the public for what happened and for the cost to the public purse.

The financial fallout is already heavy. Paul Clark and David Whitehouse secured £21 million in damages from prosecutors, and the total cost to the public purse is now over £50 million. Charles Green also received more than £6 million in compensation plus legal costs.

The row is still not finished

Mulholland’s email also says he will be paying close attention to the public statement and apology to come, and that he “reserve[s] the right to take any action I consider appropriate.” That is not the language of someone treating the issue as closed.

It sits awkwardly beside the fact that a public inquiry into the debacle was promised over five years ago and is still yet to materialise. The delay has kept the scandal alive, and the latest leak only adds another layer to a case that has already cost millions and still has no settled end point.

For now, the legal and political arguments are still running in parallel. Wolffe has accepted a serious failure in the prosecution system. Mulholland is saying the evidence justified the case in the first place, and he is not backing off.

Written by Sam Whitfield with AI-assisted research, cross-checked against 1 outlet. How we work →