Judge rules ‘no probable cause’ in David Grier prosecution

Lord Tyre said there was no legal basis to bring Grier to court, following an investigation into the sale of Rangers FC.

STV News

16th Feb 2021

A judge has ruled that there was no “probable cause” to prosecute a businessman during a fraud probe relating to the sale of Rangers FC.

On Tuesday, Lord Tyre said that prosecutors had no legal basis to bring David Grier to court, following an investigation into activities at the club.

Mr Grier had brought about a £5m compensation claim against the Lord Advocate after he was charged in 2014, along with a number of other men, during and investigation into how businessman Craig Whyte bought the company that ran the Glasgow football club three years earlier.

Mr Grier was later cleared of the charges.

Lawyers working on behalf of the Lord Advocate argued that the compensation claim should be thrown out, however Lord Tyre’s decision today allows the claim to continue.

Lord Tyre said that Mr Grier’s lawyers were correct that there was no “reasonable and probable cause” to prosecute the businessman.

However, Lord Tyre concluded that Mr Grier’s lawyers will still have to prove “malice before his claim for damages can succeed”.

Mr Grier said: “I welcome Lord Tyre’s clear and comprehensive judgement.

“He has confirmed what I have known from the very beginning – that there was never a proper basis to prosecute me.

“I cannot understand why it has been claimed otherwise, causing considerable delay and expense.”

A hearing is expected to be held later this year.