Judge says case against ex-Rangers advisor David Grier not fit for court
A judge has concluded there was no "probable cause" to prosecute a business expert during a fraud probe relating to the sale of Rangers.
Lord Tyre ruled that prosecutors had no legal basis to bring David Grier to court following an investigation into business activities at the club. Lawyers acting for the lord advocate had argued that the court should throw out Mr Grier's £5m compensation claim. But Lord Tyre's decision allows his claim to continue. Mr Grier was charged in 2014 but eventually cleared, along with a number of other men, during an investigation into how businessman Craig Whyte bought the company that ran the Glasgow football club three years earlier. 'No reasonable cause' Prosecutors argued that they were entitled to conclude that Mr Grier was guilty of wrongdoing during the business deal. But in a written judgement, Lord Tyre said that Mr Grier's lawyers were correct in their belief there was no "reasonable and probable cause" to prosecute their client. He ruled that because Mr Grier was acquitted on the basis that the fraud allegations against him were "irrelevant", prosecutors should not have taken him to court in the first place. The judge said there was no "case fit to be put into court". He said that Mr Grier's legal team still had to prove that the prosecution against their client was conducted maliciously before his claim for damages could succeed. The judge said lawyers would have their chance to argue that the prosecution was conducted maliciously at a hearing which is expected to be held later this year. Cleared of wrongdoing In a statement, Mr Grier said he welcomed the "clear and comprehensive" judgement. "He [Lord Tyre] has confirmed what I have known from the very beginning - that there was never a proper basis to prosecute me. I cannot understand why it has been claimed otherwise, causing considerable delay and expense." Mr Grier - who has been cleared of any criminal wrongdoing - is suing the current lord advocate claiming that prosecutors had no evidence to justify him being arrested and charged. He is also suing the chief constable of Police Scotland for acting unlawfully when he was arrested during an investigation into wrongdoing at the club that bought Rangers. Mr Grier is seeking £2m in damages from the force. The cases brought by Mr Grier come in the light of admissions made by the Crown in another case brought by businessmen David Whitehouse and Paul Clark. Prosecutors admitted Mr Whitehouse and Mr Clark were wrongfully arrested and charged. Both men latter received a settlement of £10.5m each. Their legal costs - which were thought to total £3m - were also paid. Former Rangers executive Charles Green was also told he was able to receive damages after the Crown admitted it had conducted a "malicious" prosecution against him.