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Judge rules footballers David Robertson and David Goodwillie raped woman Judge rules footballers David Robertson and David Goodwillie raped woman
(35 minutes later)
The footballers David Robertson and David Goodwillie have been ruled to be rapists and ordered to pay £100,000 damages to the woman despite never facing a criminal trial. A court judgment ruled they raped a woman. The footballers David Robertson and David Goodwillie have been ruled to be rapists and ordered to pay £100,000 damages to the woman despite never facing a criminal trial.
Goodwillie, a former Scotland international, currently plays for Plymouth Argyle and his ex-Dundee United team-mate, Robertson, plays for the Scottish League Two side Cowdenbeath. Goodwillie will not play for the League Two club until Plymouth have considered the full report, the club said in a statement on Tuesday. Goodwillie, a former Scotland international, plays for Plymouth Argyle, and his former Dundee United team-mate Robertson plays for the Scottish League Two side Cowdenbeath.
Goodwillie will not play for the League Two club until Plymouth have considered the full report, the club said in a statement on Tuesday.
Denise Clair, who has waived her right to anonymity, claimed the men raped her in the early hours of 2 January, 2011 at a property in Armadale, West Lothian, following a night out in nearby Bathgate.Denise Clair, who has waived her right to anonymity, claimed the men raped her in the early hours of 2 January, 2011 at a property in Armadale, West Lothian, following a night out in nearby Bathgate.
Goodwillie was accused of serious sexual assault against a young woman in Armadale, West Lothian, in January 2011 but the charge was dropped in July that year. Robertson was also questioned in connection with the incident.Goodwillie was accused of serious sexual assault against a young woman in Armadale, West Lothian, in January 2011 but the charge was dropped in July that year. Robertson was also questioned in connection with the incident.
The woman had originally sought £500,000 in compensation but damages of £100,000 were agreed in the civil action at the Court of Session in Edinburgh. The woman had sought £500,000 in compensation but damages of £100,000 were agreed in the civil action at the court of session in Edinburgh.
In his judgment, Lord Armstrong said: “Having carefully examined and scrutinised the whole evidence in the case, I find the evidence for the pursuer to be cogent, persuasive and compelling.In his judgment, Lord Armstrong said: “Having carefully examined and scrutinised the whole evidence in the case, I find the evidence for the pursuer to be cogent, persuasive and compelling.
“In the result, therefore, I find that in the early hours of Sunday January 2, 2011, at the flat in Greig Crescent, Armadale, both defenders took advantage of the pursuer when she was vulnerable through an excessive intake of alcohol and, because her cognitive functioning and decision-making processes were so impaired, was incapable of giving meaningful consent; and that they each raped her.”“In the result, therefore, I find that in the early hours of Sunday January 2, 2011, at the flat in Greig Crescent, Armadale, both defenders took advantage of the pursuer when she was vulnerable through an excessive intake of alcohol and, because her cognitive functioning and decision-making processes were so impaired, was incapable of giving meaningful consent; and that they each raped her.”
Ms Clair, who was 24 at the time of the incident, was left “devastated, upset and confused” when she was told there was to be no prosecution of the defenders.Ms Clair, who was 24 at the time of the incident, was left “devastated, upset and confused” when she was told there was to be no prosecution of the defenders.
After the court of session judgment, Ms Clair said: “I am pleased by today’s verdict. However I am bitterly disappointed that I was so badly let down by the criminal justice system and was forced to seek a remedy through the civil court.After the court of session judgment, Ms Clair said: “I am pleased by today’s verdict. However I am bitterly disappointed that I was so badly let down by the criminal justice system and was forced to seek a remedy through the civil court.
“If it was not for the support of my lawyer Cameron Fyfe and the team at Rape Crisis Scotland, I do not know how I could have coped throughout this long, harrowing journey.”“If it was not for the support of my lawyer Cameron Fyfe and the team at Rape Crisis Scotland, I do not know how I could have coped throughout this long, harrowing journey.”
Lord Armstrong said: “She found the decision difficult to understand and had felt that she had not been believed. Lord Armstrong said: “She found the decision difficult to understand and had felt that she had not been believed. She felt her life had been destroyed by something which had happened although, because of her lack of memory, she was not fully aware of what it was that had caused that effect.”
“She felt that her life had been destroyed by something which had happened although, because of her lack of memory, she was not fully aware of what it was that had caused that effect.” He said she had enjoyed life before the incident but her life changed following the decision not to proceed with the prosecution. She found it difficult to trust anyone and became unsociable, and experienced suicidal thoughts several times.
He said that she had enjoyed life before the incident but that her life changed following the decision not to proceed with the prosecution. She found it difficult to trust anyone and became unsociable, and experienced suicidal thoughts several times. Goodwillie and Robertson maintain they did have sexual intercourse with the woman but that it was consensual.
Goodwillie and Robertson both maintain that they did have sexual intercourse with the woman, but that it was consensual. Ms Clair remembered going to the Glenmavis Tavern in Bathgate on the evening of 1 January, 2011.
Ms Clair, now aged 30, remembered going to the Glenmavis Tavern in Bathgate on the evening of 1 January, 2011.
She remembered meeting Robertson there but had no memory of meeting Goodwillie. Her next recollection was waking the following morning in a house which she did not recognise. She was naked and could not find her clothes.She remembered meeting Robertson there but had no memory of meeting Goodwillie. Her next recollection was waking the following morning in a house which she did not recognise. She was naked and could not find her clothes.
Footballers Goodwillie and Robertson went to the Glenmavis Tavern on the evening of 1 January after playing for Dundee United against Aberdeen, at Pittodrie that day. Goodwillie had scored an equalising goal in the 95th minute of the match. Goodwillie and Robertson went to the Glenmavis Tavern on the evening of 1 January after playing for Dundee United against Aberdeen at Pittodrie that day. Goodwillie had scored the equaliser in the 95th minute.
Lord Armstrong heard the evidence of 20 witnesses over 10 days. Lord Armstrong heard the evidence of 20 witnesses over 10 days. The judge said he did not find Goodwillie’s evidence to be “persuasive” and did not find Robertson, referred to as the second defender, credible. He said: “Like the first defender, I assessed the second defender as a witness who was being selective as to what he was prepared to tell the court and whose evidence, directed as it was entirely to his own interests, was partial and partisan.
The judge said he did not find Goodwillie’s evidence to be “persuasive”, and did not find Robertson, referred to as the second defender, credible. He said: “Like the first defender, I assessed the second defender as a witness who was being selective as to what he was prepared to tell the court and whose evidence, directed as it was entirely to his own interests, was partial and partisan.
“He also did not present as a witness who was being entirely candid. On the significant issues arising in the case, I did not find his evidence to be credible or reliable.”“He also did not present as a witness who was being entirely candid. On the significant issues arising in the case, I did not find his evidence to be credible or reliable.”
Plymouth Argyle, who face Liverpool in a FA Cup third-round replay on Tuesday night, said in a statement: “We note today’s judgment from the Court of Session in Edinburgh regarding David Goodwillie. We await the full report, which we will consider in detail before making any comment. Until such time, David Goodwillie will not be selected to play for Plymouth Argyle.” Plymouth said in a statement: “We note today’s judgment from the court of session in Edinburgh regarding David Goodwillie. We await the full report, which we will consider in detail before making any comment. Until such time, David Goodwillie will not be selected to play for Plymouth Argyle.”