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.