A bid to postpone reporting on proceedings surrounding the private prosecution of former Scotland footballer David Goodwillie for rape has been refused by a judge. At a procedural hearing on Friday at the Criminal Appeal Court in Edinburgh, Lord Pentland, chairing a panel of three judges, dismissed the request from Goodwillie's representative.
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. Ms Clair is now seeking to launch a private prosecution against Goodwillie, a rare process in the Scottish legal system known formally as a Bill for Criminal Letters. In February 2025, legal aid for the first stage of this attempt was granted.
John Scullion KC, representing Goodwillie, argued that publication of the previous civil case and current procedural hearings could risk prejudicing proceedings, saying there was 'a great deal of prejudicial information available'. Thomas Ross KC, representing Ms Clair, opposed the move, calling it 'quite a drastic step'. Lord Pentland stated: 'The court is not persuaded that it is appropriate to make any such order and it is refused.'
The senior judge also addressed anonymity for Ms Clair, noting that her lawyer had indicated she had effectively waived her right to anonymity. Lord Pentland said: 'The court is not persuaded it's appropriate to anonymise the identity of the complainer in these proceedings.' The court will write to the Scottish Government to emphasise the importance of a determination on legal aid issues also discussed at the hearing.
