The Lord Advocate should not be allowed to”indicate his very own homework” within the botched Rangers fraud prosecution that has led to settlement of over 20 million paid to the victims of their prosecution, a court has heard.
Dean of Faculty, Roddy Dunlop QC, stated his customer David Whitehouse ought to be allowed to hand over records he thinks will aid him in his criticism against Police Scotland along with also the Crown Office for exposing him to”a malicious and without probable cause prosecution”.
Mr Whitehouse and Paul Clark obtained #10.5m each after fees brought against them 2014 were lost or dismissed.
James Wolffe QC has apologised to men within the prosecution.
Mr Dunlop said the records can assist in an judge-led public inquiry into what occurred.
He explained:”The background to this situation is crystal clear and I am not going to rehearse it .
“Mr Whitehouse includes a warranted concern… it has been determined that there’s not any evidence of criminality. Misconduct in public office is a crime under the frequent law of Scotland and you may have believed that a malicious prosecution could prima facie qualify as misconduct in public office.
“So this isn’t something that’s ephemeral, composed or illusory. That is really real. It’s really a concern on the part of Mr Whitehouse it is something that’s worthy of analysis.
“One is considering — as was put by other people from the parliament — how suitable is it for the Lord Advocate to indicate his own assignments, as it had been, simply to announce that there’s been no criminality if it is the Crown Office itself which has confessed the malicious prosecution?”
“Mr Whitehouse desires, and in my entry is eligible, to possess this researched independently”
Lord Tyre at the Outer House stated he will trouble his conclusion in the situation sometime shortly.
