A financial consultant wrongfully prosecuted during a disastrous Rangers fraud probe has revealed the Crown Office sent him crucial documents 10 days after his court bid for compensation ended.
David Grier was among the executives arrested and charged during a police inquiry into the deal to buy Rangers out of administration 10 years ago. Legal fees and compensation linked to the investigation are expected to cost taxpayers more than £100m after the Crown admitting maliciously prosecuting two of Grier’s colleagues at administrators Duff and Phelps, which is now known as Kroll.
The firm itself was recently awarded £15m in compensation, taking the total paid out to around £60m and claims from other wrongfully prosecuted executives and a promised public inquiry will add millions more.
When Grier brought a £9m damages claim against Police Scotland and the Lord Advocate, a judge ruled there was no malice in his prosecution, but Grier appealed that decision at the Court of Session in October.
We told last month how the Crown handed over a tranche of documents two years late, days before Grier’s appeal began. Grier has now revealed another batch of files was handed over by the Crown last week, 10 days after the hearing ended.
He said: “I was shocked that the documents hadn’t been given up prior to the appeal. The Crown know full well the court won’t hold the appeal again and if the court were to sanction the Crown for late disclosure of documents it would be a bit like a footballer making a strategic tackle knowing that if he takes a red card he’ll stop the other team scoring a goal in injury-time. It’s all tactics and it’s completely and utterly wrong.
“The Crown don’t seem to play by the rules. It’s a game for them but it’s totally inappropriate because you’re dealing with the state which has an obligation to be truthful.”
Grier insists the documents could have been helpful to his appeal because they confirm that information known to the prosecutor was not disclosed to Lord Bannatyne – who dismissed the criminal charges against Grier – when it was the prosecutor’s duty to do so.
Grier said: “The court rules are very simple in that it’s a cards-on-the-table approach in civil litigation. You need to give up documents that are relevant to the case. These documents clearly are relevant yet the Crown hadn’t given them up.
“They’ve had the documents. There has been no reason given as to why they couldn’t give us the documents at the appropriate time. No explanation has been given and I don’t expect that we will get an explanation.
“Common sense would tell you the court should now re-examine the whole thing but it’s not how the court system works and the Crown know that all too well. It sends a very unhealthy message. If the state can’t act honestly, it brings the whole system into disrepute. It encourages everyone else to try the same tactics, knowing that the Crown does it.”
The Crown Office said: “This civil claim is being considered by the court and it would not be appropriate to comment at this time.
“The Crown is committed to public scrutiny and information will be made available when possible.
“Since the prosecutions which gave rise to these civil actions, the Crown has taken significant steps to safeguard against similar situations arising again.”
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