By Democrat reporter
Former Rangers chief executive Charles Green is to receive compensation after Crown lawyers accepted he was subjected to a “malicious” fraud prosecution.
The 67-year-old businessman was told at the Court of Session that prosecutors should never have taken legal action against him.
Mr Green was arrested five years ago over the “alleged fraudulent acquisition” of the Ibrox club in 2012.
The prosecution case was later abandoned.
Mr Green has gone to Scotland’s highest civil court in a bid to recover £20m in damages from the Crown Office and Police Scotland.
His lawyer Garry Borland QC called the fraud probe a “shameful episode” in the history of the Crown Office.
Mr Borland said Mr Green had suffered a miscarriage of justice.
He added: “He is entitled to substantial damages from the Lord Advocate because the prosecution of Mr Green was a malicious prosecution.”
The QC spoke out after lawyers acting for the current Lord Advocate, James Wolffe QC, admitted the Crown had acted wrongly in legal papers.
Advocate Gerry Moynihan QC said: “It is admitted that the prosecution of Mr Green had no proper basis.”
He added: “The Lord Advocate acknowledges there has been a malicious prosecution in the sense that term is used in our law and accordingly there is liability in damages to Mr Green.”
Judge Lord Tyre ruled that Mr Green was entitled to damages. A full hearing is expected to take place in August 2021.
Mr Green is the latest figure to bring legal action against the police and the Lord Advocate over their supposed and actual activities during a fraud investigation at Rangers.
In August, it was confirmed former Rangers director Imran Ahmad is to receive a public apology from the head of Scotland’s prosecution service.
Mr Ahmad will also receive significant damages after he was wrongly prosecuted on fraud charges.
He was prosecuted in 2015 over the takeover of the Ibrox club in 2012 but all charges were dropped in 2018.
Mr Ahmad is currently suing for damages believed to run into tens of millions of pounds.
Prosecutors have also admitted businessmen David Whitehouse and Paul Clark were wrongfully arrested and prosecuted.
The two men are seeking a total of £20.8m in damages from the Crown Office and Police Scotland.
Mr Whitehouse and Mr Clark were arrested and charged with offences relating to Craig Whyte’s takeover of Rangers in 2011.
All charges were later dropped and the men were cleared of any wrongdoing.