A JUDGE has ruled that criminal proceedings against police and Crown officials should not 'derail' a damages case brought by a key figure in Craig Whyte's takeover of Rangers against Scotland's chief constable and top law officer over the doomed club fraud probe.
Lord Tyre said it was "entirely unacceptable" to suggest that the damages case brought by David Grier, an executive with Duff & Phelps and a negotiator in the takeover should be put off because of the possibility of the criminal action over the collapsed Rangers case.
He previously ruled that there was no “probable cause” to prosecute Mr Grier who is seeking £5m damages from the Lord Advocate and £9m from Police Scotland.
Lord Tyre gave the ruling after Gerry Moynihan QC, acting for the Lord Advocate James Wolffe indicated that the possibility of criminal proceedings complicated plans to a crucial hearing in the Grier damages case.
Ex-Rangers administrator David Whitehouse has handed over a dossier that he claims proves he was fitted up by police and Crown officials during investigations in 2014 and 2015.
The insolvency expert has been seeking sanction to use documents uncovered in his landmark damages case for a potential criminal prosecution of individuals within the Crown Office and Police Scotland.
He and Paul Clark, former joint administrators of Rangers agreed a settlement estimated to be around £24m after an agreement in their malicious prosecution case against the Lord Advocate and the Chief Constable was reached "extra-judicially".
Mr Whitehouse, Mr Clark and Mr Grier (below) were subjected to detention and criminal proceedings with others in relation to fraud allegations in the wake of businessman Craig Whyte's purchase of Rangers from Sir David Murray for £1 in May 2011 and its subsequent sale before a judge dismissed all charges.
Mr Moynihan said fixing a crucial hearing in the Grier damages case for April should be held back.
He said the principal reason was "fairness to the witnesses", which is expected to include Lord Mulholland, the Lord Advocate at the time of the Rangers fraud probe.
He said the Lord Advocate was "neutral" in relation to the "Iomega Minutes" the legal papers lodged by Mr Whitehouse which are being considered in mid-March.
"But the concern is that the individuals who have provided documents, in some cases voluntarily, for the purposes of civil proceedings, may have an interest and a right to opposed their collateral against them or their colleagues as a basis for criminal complaint," he said.
"In the meantime we face the prospect that the self-same witnesses could be examined under oath as soon as April 6."
He said that meant that any Crown and police witness may have to be given an admonition about incrimininating himself. That could lead individuals to decline to give evidence.
Mr Moynihan said that there was "potential prejudice" because of the possibility of the criminal investigation. He, however, admitted he did not know whether complaints of criminality will be made or when they will be made.
But Andrew Smith QC, representing Mr Grier, said the call to delay had no validity.
"The rule is that a person is not obliged to say anything that may incriminate them. That doesn't mean they can say I am telling you nothing about everything," he said.
The Lord Advocate has said that "no criminal conduct" was exposed in investigations into the malicious prosecution of the former Rangers administrators who believe there was an "abuse of power" in the legal system.
But Mr Wolffe has said he will give "due consideration" to allegations of criminal activity arising from the civil action.
He indicated that in the event allegations are made, either criminal or disciplinary, he will involve independent external senior counsel, not previously involved in the cases to be involved "and that is to provide further confidence" in fairness and integrity.
Mr Smith said: "Is it seriously contended that we have to sist this case, essentially, until a possible criminal investigation is carried out, which has already been looked at in detail.
"To suggest it is primarily about fairness to potential witnesses, ignores the reality which is the fairness to Mr Grier as well.
"Mr Grier, who according to my Lord's judgment was prosecuted at at time when there was no reasonable and probable cause. His fairness has to be considered as well."
Lord Tyre dismissed the call to delay.
He said:"As matters stand I am not persuaded that I should be postponing this.
"The Iomega point I don't think should be allowed to derail this actions.
"Mr Smith has pointed out that the current Lord Advocate has given assurances that no evidence of criminal conduct has been found. "Once the Iomega point is determined and even if the decision is to grant permission to use the materials, then there is obviously an entirely elastic timescale as to when any criminal complaint might be made and an even more elastic timescale as to when it will be investigated and concluded.
"To put Mr Grier's case off till that procedure has been gone through strikes me as entirely unacceptable.
"We have seen in other cases involving complaints against public authorities that these things can drag on for a very long period of time and I am not prepared to allow that to happen."
Officers suspected Mr Grier, of London, had broken the law during the sale of the Ibrox side and the businessman was charged with fraud, conspiracy and a charge under the Proceeds of Crime Act - before the case was dropped.
Mr Grier has always said he was unaware that London finance firm Ticketus funded Mr Whyte's controversial purchase of the club by buying up rights to future season tickets.
On top of damages, Mr Grier, 58, has also demanded a public apology from officials after the Lord Advocate admitted the “malicious prosecution” of Duff and Phelps colleague and former Rangers administrators David Whitehouse and Paul Clark.
Mr Whitehouse and Mr Clark's actions stemmed from their alleged treatment by the police and prosecution authorities.
The Lord Advocate has previously admitted malicious prosecution and a breach of human rights in the investigation while the administrators sought to clear their names.
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.
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