David Goodwillie told to set aside Â£100k over rape case claim
A footballer has been told to set aside Â£100,000 ahead of a damages action hearing brought by a woman who claims she was raped by him.
A judge agreed to recall a previous legal measure granted against David Goodwillie on condition the money is held on account or, failing that, consigned to court.
The former Dundee United, Blackburn Rovers and Aberdeen striker currently has his home in Scotland up for sale and is presently with Plymouth Argyle.
A 30-year-old woman has raised a £500,000 claim against Goodwillie and his former Dundee United team-mate David Robertson alleging the pair raped her in the early hours of January 2 in 2011. Both men deny the allegation.
A judge at the Court of Session in Edinburgh was told that lawyers acting for the woman now value her claim at approximately £250,000.
Barry Divers, counsel for the woman, argued that if the property was sold without an inhibition in place there was a real possibility that assets would be removed from the jurisdiction.
But lawyers acting for Goodwillie, 27, said that although he was seeking to dispose of the Scottish property, it did not give rise to a real and substantial risk to her claim being prejudiced if she succeeded.
In the action the woman said she had gone out to a bar in Bathgate, in West Lothian, and was introduced to the players before she later went to a club with a friend.
She maintains she was “visibly and obviously severely intoxicated” when she left and was offered a lift home in a taxi hailed by the footballers, but they asked the driver to drop all three of them at a flat in nearby Armadale where she claims she was raped.
She contends that she later came round naked and alone and could not remember what had happened since being in the pub the previous evening.
It is said: “At the time when sexual intercourse took place with each defender, the pursuer was incapable because of the effect of alcohol of giving free agreement.”
It is also claimed that neither of the men had “a reasonable belief” that she was consenting to intercourse.
Police were called in and the case was reported to Crown Office but Goodwillie was later advised that he would not be prosecuted for any offence.
Robertson was not represented at today’s hearing.