Craig Whyte in Session

I note that Mr Whyte will be in The Court of Session  tomorrow in regard to a restraint order, which is the criminal law equivalent of the civil law Mareva Injunction:

Friday 27th May

P1015/15 Pet: HMA for Restraint Order re: CraigWhyte

Mr Whyte will be represented by his retained solicitors, Gildeas
The Crown Office and Procurator Fiscal Service are the pursuers.

Those who have been following the ebb and flow of this matter will note that Mr Whyte was ordered to disclose his assets. If Her Majesty’s Advocate Depute can convince a Lord Ordinary that these assets are the proceeds of his criminal activity, then a restraint order has the effect of freezing the assets and bank accounts of the persons against whom it is directed.

However this leads to one obvious question. If Mr Whyte has sufficient wealth to warrant a restraint order, how did he manage to qualify for Legal Aid?  Paradoxically, his case for Legal Aid might seem to be strengthened if the order was granted. But therein lies the problem as if he made an application for Legal Aid with significant assets at his disposal, his Legal Aid certificate will be revoked and he will be ordered to make reparation to the public purse.

In the final analysis one might posit that this is the desperate action of a desperate prosecutor.

Advertisements

9 thoughts on “Craig Whyte in Session”

  1. Craig Whyte is smart. He may have been deluded, but he’s too smart to have applied for Legal Aid if he had significant assets at his disposal. If he’s guilty of the deprivation of his own assets, that’s a different matter and perhaps the pursuers are trying to flush that out. If he had significant assets and has moved those lawfully, the pursuers will be stymied.

  2. It seems to me that if you want to live a comfortable life in oppulent surroundings …then the worst thing you can do is be an upright citizen…who pays his dues and causes no one any harm.
    The shennanigans concerning this whole sorry drawn out saga has made me realise that the Law is a joke.
    The originator of this scandal,SDM, has never, and will in all likelihood, never appear in court …let alone face any charges.
    He will also,no doubt, retain his “Title.”
    The people who then followed on have made a mockery of Scottish Football and lined their pockets in the process…and will, in all probability, walk away scot free.
    If I had to apply for Legal Aid I’d have to admit earning vast amounts of money via. my State Pension.
    “Application denied Mr.Newman.”
    Justice…??
    Don’t make me laugh.

  3. The Ibrox PR amplifier has been turned up to 11 with the Robertson interview.

    These are challenging times at L Five. AWOL Warbo was effortlessly good at low-content, column filling, soothing puffery and he is definitely being missed.

    Robertson’s comments are rank amateur and long-term negative to anyone outside a very particular minority mind set. It will be quoted for years to come, and not in a good way. A PR car crash maiming grannies and kittens, if ever I’ve seen one.

    If AWOL Warbo does not return soon, they have a double whammy – none of his soothing puffery and having to explain he’s had enough of duplicitous King and has moved on to a proper job.

    Who will they wheel out next to avoid talking about what everyone else is talking about. I suspect they see intellectual Joey War-Barton as the solution.

    Desperate PR times, desperate PR measures!

    1. The PR at Ibrox reminds me of the David Bowie song: Always crashing in the same car. It’s interesting to note that The Herald is continuing with its tradition of advertising for Rangers. Is this the quid pro quo for interviews?

      1. JJ, I think a LOT of favours are being called in, and the wagons are being circled for a rough summer. Lashing out at all and sundry – especially long term friends in high palces – in THAT statement was a real turning point. When you mentioned Bowie, my first thought was Regan and Doncaster karaoke version of:

        We’ve got five years, can’t close my eyes
        We’ve got five years, what a surprise
        We’ve got five years, my brain hurts a lot
        We’ve got five years, that’s all we’ve got

    2. Cassandra’s Cat,
      Look out for Davie Weir as Manager and Joey
      Barton as his Assistant/Player Manager, should Warbo
      not return!

      1. I agree. As it’s a much cheaper option than Mr Warburton it will appeal to King. It also gets him off the hook for paying Barton more than Lee Wallace.

  4. https://www.supremecourt.uk/news/permission-to-appeal.html

    Noticed that in the period March-April there does not appear to have been an appeal lodged cf. the BDO/EBT case on which the SC has had to make any decision.

    Is there a specified time from being granted permission to lodge an appeal to actually doing so? From a very brief look over the SC procedures i would have thought that there should have been something lodged around the third week in April.

    BDO anniversary report is due in a few weeks also.

    Interesting……

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s