A substantive hearing in the bid to privately prosecute former Scotland footballer David Goodwillie has been set for later this year, while his lawyer said he does not wish to be prosecuted. The former Dundee United player had previously told a podcast he would be willing to fight to clear his name.
Background of the Case
Mr Goodwillie and former teammate David Robertson were ruled in a civil court in 2017 to have raped Denise Clair, but no criminal charges have been filed against the pair. Ms Clair, who has waived her right to anonymity, is now seeking to launch a private prosecution against Mr Goodwillie – a rare process in the Scottish legal system.
Known formally as a Bill for Criminal Letters, a private prosecution involves an individual or organisation seeking to prosecute the accused, rather than the Crown Office taking action. In February 2025, legal aid for the first stage of the private prosecution attempt was granted.
Procedural Hearing in Edinburgh
On Friday, a procedural hearing in the Bill for Criminal Letters took place at the Criminal Appeal Court in Edinburgh. Thomas Ross KC, representing Ms Clair, said a two-day substantive hearing would be required for the Bill on November 12 and 13. He also told the court that Mr Goodwillie had previously “expressed a wish to be prosecuted” and sought clarity on whether this was still the case. Mr Ross said: “It would be helpful to know if he wants to be prosecuted or not.”
Wojciech Jajdelski, representing Mr Goodwillie, said his client should be entitled to the disclosure of any material which Ms Clair’s side wished to use in the bid for the private prosecution. He told the court: “It’s stated that Mr Goodwillie does not want to be prosecuted… For the sake of clarity that is now his position.”
Previous Statements and Next Steps
In July 2023, Mr Goodwillie appeared on James English’s Anything Goes podcast, where he said he would be willing to fight to clear his name and suggested he would “100 per cent” be willing to go to a criminal court. He has insisted he is innocent and that he wants to move on with his life.
Lord Pentland, who chaired a panel of three judges, said the bid for private prosecution would be continued until the substantive hearing in November. If judges rule that the Bill for Criminal Letters can then proceed, an indictment would likely be served on Mr Goodwillie and a trial would take place later.
