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Rangers administrator ‘could take malicious prosecution complaint to police’

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A former administrator of Rangers Football Club could take a complaint over his malicious prosecution to police or other relevant authorities, a court has heard.

David Whitehouse and Paul Clark had been appointed joint administrators of Rangers in 2012, but were arrested in 2014 regarding their involvement with the administration.

The pair were awarded more than £20 million after charges brought against them were dropped or dismissed.

After they were cleared, they launched a civil action against the Crown Office and Police Scotland with the current Lord Advocate, James Wolffe QC, admitting liability last year.

Lord Advocate James Wolffe QC / PA Media

Last month, Mr Wolffe told the Scottish Parliament a judge-led inquiry would be held, and has the backing of Police Scotland Chief Constable, Iain Livingstone.

But an online hearing at the Court of Session was held on Monday to discuss documents which Roddy Dunlop QC, for Mr Whitehouse, described as “substantial and which took an awful lot of time and money to recover”.

He confirmed Mr Whitehouse wants to use the documents “in order to effectively make a complaint to the relevant authorities” and that he will “co-operate with any investigation which may ensue”.

The Dean of Faculty told Lord Tyre the issue was of “real concern and worthy of investigation”, also questioning “how appropriate it is for the Lord Advocate to mark his own homework”.

One might have thought a malicious prosecution would at least qualify as misconduct in public office

Mr Dunlop added: “We have an unprecedented situation where it has been admitted [Whitehouse and Clark] were prosecuted maliciously and without probable cause.

“Mr Whitehouse has a justifiable concern that it’s already been said in open court on behalf of the Lord Advocate last time around that it’s already been determined there’s no evidence of criminality.

“Mr Whitehouse is entitled to raise the query, ‘How can that be?’

“Misconduct in public office is a crime under the common law in Scotland, and one might have thought a malicious prosecution would at least qualify as misconduct in public office.

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