Footballer told to get lawyer to defend rape damages claim
David Goodwillie will not cross-examine a woman who accuses him of rape.
Footballer David Goodwillie will not cross-examine a woman who claims he raped her.
Lord Armstrong said he considered the interests of justice would be best served if the woman was not questioned by the former Scotland international striker.
Mr Goodwillie, 27, appeared on his own behalf last week and confirmed he intended to defend himself against the damages claim brought against him and another footballer, David Robertson.
At that stage solicitors, who had previously represented him, had withdrawn from acting.
This meant he could potentially have questioned the 30-year-old woman himself at the Court of Session.
A rape accused in the criminal courts in Scotland would be prevented from cross-examining an alleged victim.
On Tuesday Robert Milligan QC appeared before Lord Armstrong and said: "It simply would not be possible in a criminal context."
Mr Milligan said he was not instructed by Mr Goodwillie but sought a week's adjournment to allow him to be represented by other senior counsel.
Lord Armstrong granted the adjournment and said Mr Goodwillie should be legally represented.
Simon Di Rollo QC, for the woman, said she had been put in "an impossible position".
He said she had been living with the case since January in 2011. He said that from reading medical records and reports the delay would have a serious effect on her.
The woman claims she has suffered symptoms of depression, panic disorder, anxiety and eating disorder since the alleged incident. She also claims she had to leave her job.
She raised a £500,000 damages claim alleging she was raped by the men in the early hours of January 2, 2011 at a flat in Armadale, West Lothian.
Both men deny the allegation and maintain intercourse was consensual. Neither was prosecuted.
In the action, the woman claims she had gone out to a bar in Bathgate, West Lothian, and was introduced to the players before she later went to a nightclub 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.
The woman says they asked the driver to drop all three of them at a flat in nearby Armadale where she claims she was raped.
She contends she later woke up naked, alone and could not remember what had happened since being in the pub the previous evening.
The action states: "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 neither of the men had "a reasonable belief" she was consenting.
Mr Goodwillie accepts he had sex with the woman but maintains it was consensual. Mr Robertson also said he had sex with the woman but also maintains it was consensual. Both deny the woman was incapable.
The players maintain CCTV footage shows the woman capable of walking unassisted, holding a conversation and using her mobile phone, and shows her openly flirting and kissing Mr Robertson and walking with her arm linked through Mr Goodwillie's arm.