A FORMER Rangers finance chief who is pursuing a damages claim which could rise to £75m against the Scotland's most senior law officer, the Lord Advocate over "malicious" prosecution is fighting for the state to pay an interim £1.8m legal bill.
Former Ibrox executive Imran Ahmad's legal representatives have said that the sum should be paid as a result of months of court toing and froing over the claim that he lost his career and suffered "irreparable reputational harm" over the wrongful prosecution in the failed club fraud case.
Gerry Moynihan KC, for the Lord Advocate, agreed to an interim award, but only to the tune of £220,000 as they aim to question the basis upon which the original claim was made.
Mr Ahmad, who is understood to have been a key player in the £5.5m takeover of Rangers by the Charles Green-fronted Sevco consortium has already received an apology from Scotland's most senior law officer the Lord Advocate over wrongful prosecution.
But attempts to mediate in the multi-million pound action over wrongful prosecution brought by Mr Ahmad have failed to reach a settlement with his legal team accusing the Lord Advocate of "egregious" behaviour.
Mr Ahmad was charged in 2014 along with six other men during an investigation into how Scots businessman Craig Whyte bought the club company from Sir David Murray for £1 in May, 2011.
They were subjected to detention and criminal proceedings in relation to fraud allegations in the wake of Mr Whyte's disastrous purchase of Rangers and its subsequent sale before a judge dismissed all charges.
Among the beneficiaries of malicious prosecutions in the Rangers case were finance experts David Whitehouse and Paul Clark of multi-national consultants Duff and Phelps who were among seven arrested in 2014 after they were appointed administrators of Rangers when it fell into insolvency in 2012.
They settled out of court with the Crown Office in December to the tune of around £26.6m including costs, with the Lord Advocate admitting a malicious prosecution.
It came amid recriminations over Mr Whyte’s takeover supported with the mortgaging of future season-ticket sales and the club’s 2012 Sevco buyout from administration led by Mr Green.
The amount of damages in the claim has now soared to £75m as Mr Ahmad seeks to salvage his reputation.
As the case proceeds to a full examination estimated to take place next year, advocate Lord Keen of Elie KC, who is acting for Mr Ahmad insisted that the Lord Advocate, then James Wolffe QC had admitted that the prosecution was malicious and that damages were payable.
The issue in the case is how much.
In the public apology which emerged in June, 2021 James Wolffe QC admitted Mr Ahmad and the former Rangers Rangers chief executive Charles Green "should never have been prosecuted" in connection with the football club takeover, but did not say it was malicious.
Lord Keen said despite an admission of liability in the case was made in October, 2020, mediation was expected but a letter of apology that was expected was not forthcoming.
The matter was raised in June, 2021 and it was then that the public apology was made.
"Having agreed to mediation a great deal of time and expense was incurred in preparing for that mediation, but it did not proceed," Lord Keen said.
"The short point is if or when the Lord Advocate actually made any proposal for settlement in a case where he's admitted liability, expenses to date would be awarded to the pursuer.
But Mr Moyniham opposed the extent of the level of expenses sought.
He added: “The aspect of loss of earnings past and future is under dispute at the moment and it may remain so."
He added: “My instructions are to offer an interim payment to my learned friend of £220,000 on top of and in addition to the £100,000 that has already been paid. So that would bring the total to £320,000. "
Lord Keen told Lord Harrower that he needed time to consider the offer and the case was adjourned to a later date.
Imran Ahmad with Charles Green
Mr Ahmad, 52, who has a background in finance, investment banking and share dealing, is arguing that his career as an entrepreneur had been going forward. The "malicious prosecution" mean he had been unable to work.
His claim relates to the loss of his reputation, career and earnings.
Mr Green, who fronted the purchases of Rangers business in liquidation ten years ago, has already won over £6m plus costs from the Lord Advocate in a settlement last year over his £20m claim for being wrongfully prosecuted in the club fraud case.
The public apology statement from the Lord Advocate made in June, 2021, said: "Between 2015 and 2016, Mr Imran Ahmad and Mr Charles Green were prosecuted in the High Court concerning matters associated with Rangers Football Club.
"They should not have been prosecuted and, as Lord Advocate and head of the system for the prosecution of crime in Scotland, I have apologised unreservedly that they were.
"I made a statement to the Scottish Parliament following the settlement of two related cases, and I said at that time that there had been profound departures from normal practice.
"Lessons have been learned from what happened and the Crown Office & Procurator Fiscal Service (COPFS) has taken steps to prevent a similar situation arising in the future.
"I have given a commitment that there will be a judge-led inquiry into these matters once all relevant legal cases have concluded.
"The actions by Mr Ahmad and Mr Green continue with a view to settlement of their financial claims."
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