The Great COPFS/ Police Scotland Wild Goose Chase.

There has been considerable debate about COPFS and Police Scotland acting in concert to mute your humble correspondent. Their problem, with emphasis on the possessive pronoun, is that I have my finger on facts that they don’t wish to be disclosed. If I’m worth my salt, I have a duty to inform my readers. I also try to entertain them with some humorous metaphors and satire.

This site is dedicated to the pursuit of truth. There are those throughout Scottish football at all levels that cannot handle the truth. My output, which is north of 760 articles, has been prolific. To maintain focus one must be passionate about Scottish football and a constant thorn in the side of those who wish to subvert fair play. This is what drives me. The fire that burns within me is incandescent.

There are many who wish to douse my flame, either by conspiracies to murder me, or as was the case with COPFS/Police Scotland, pressure applied to my elderly parents. Police Scotland knew that I had an Achilles Heel that could be attacked to their advantage. I don’t wish to resurrect the independence debate but would you have Police Scotland run roughshod over your civil liberties for your interpretation of freedom? My experience at the hands of the Scottish legal establishment and those who enforce the law is indicative of a Police State.  Big Brother is paying attention and wishes to control my thoughts.

I’m going to continue to cover the Craig Whyte trial without fear or favour. I may on occasion write two blogs or more in any given day. As I proved yesterday, I’m not solely reliant on the output of James Doleman. However I am indebted to him for publishing Whyte’s charge sheet which makes interesting reading. I will excise the long-winded legalese to cut to the chase.

THE INDICTMENT


HIGH COURT OF JUSTICIARY AT GLASGOW


Continued Preliminary Hearing: 3 October 2016


CRAIG THOMAS WHYTE, born 18 January 1971, whose domicile of citation has been specified as (I choose not to disclose this – why give The Klan an obvious target)
you are indicted at the instance of Her Majesty’s Advocate, and the charges against you are that:


(001) between 1st May 2010 and 9 May 2011, both dates inclusive, , you CRAIG THOMAS WHYTE, with intent to acquire a majority and controlling stake in the shareholding of the Club from Murray through Wavetower Limited a company incorporated for the purpose of and the means used to effect said acquisition and a company managed and controlled by you and also being a wholly owned subsidiary of Liberty Capital Limited a company incorporated in the British Virgin Islands 


(i) did both directly and by the hands of your representatives namely Andrew Ellis, Philip Betts, William Lee, Gary Martin Withey and David Henry Grier, all c/o Police Service of Scotland, Gartcosh, pretend to the Officers of Murray namely Sir David Murray, Michael McGill and David Horne, all c/o Police Service of Scotland, Gartcosh and to the legal representatives of Murray namely Dundas and Wilson LLP that you, Wavetower Limited and Liberty Capital Limited individually or collectively had funds available to make all the payments stipulated by the representatives of Murray as being necessary to enable Wavetower Limited to acquire a controlling and majority stake in the shareholding of the Club from Murray and more particularly did pretend to said representatives in negotiations leading to and within a Share Purchase Agreement dated 6 May 2011 signed and concluded by you on behalf of Wavetower Limited and Liberty Capital Limited with Murray that Wavetower Limited had immediately available from its own and third party resources on an unconditional basis the cash resources necessary:- (a) to meet its obligations under said Agreement to contribute to the Club an amount equal to £5,000,000 for the playing squad, £1,700,000 for a Health and Safety liability and an amount equal to the small tax case liability of £2,800,000 said sums to be held and paid under the terms of the Purchaser’s Solicitor’s Undertaking of even date.

I intend to take pause here to draw readers attention to the Health & Safety Liability of £1.7m. Given that Whyte did not address this liability how on God’s green earth did Ibrox gain a Health & Safety certificate? Was this arrangement made by The Brotherhood behind closed doors?

Is this the smoking gun that Glasgow City Council (GCC) are doing their utmost to hide, by refusing Phil Macgiollabhain’s freedom of information request, for all correspondence between GCC, HSE and Rangers?

(b) to pay the amount required to be paid under the Assignation Agreement dated 5 May 2011 between the Bank of Scotland PLC, Wavetower Limited, the Club and Subsidiaries of £18,000,962.29 and (c) to fund the reasonably foreseeable ongoing working capital requirements of the Club of £5,000,000,

(ii) the truth being as you well knew that said funds were not available and said cash resources were not immediately available on an unconditional basis at the time said Agreements were concluded in respect that the sums pretended by you to represent such immediately available and unconditionally held cash resources in fact comprised £3,925,000 from Merchant Turnaround plc and the Trustees of the Jerome Group plc Retirement Benefits Plan Fund which was not held on an unconditional basis and £24,357,094 from Ticketus LLP and Ticketus 2 LLP (“Ticketus”) which was held subject to an agreement or agreements being entered into between the Club and Ticketus after said acquisition in respect of the sale and purchase of season tickets for the three year period following said acquisition, 

(iii) and you did thereby induce the said Officers of Murray to negotiate, enter into and conclude the said Share Purchase Agreement dated 6 May 2011 between Murray, Wavetower Limited and Liberty Capital Limited and to transfer 92,842,388 of ordinary shares being a majority and controlling stake in the shareholding in the Club, from Murray to Wavetower Limited and did thus obtain through Wavetower Limited 92,842,388 ordinary shares being a majority and controlling stake in the shareholding of the Club by fraud;

 
(002) you CRAIG THOMAS WHYTE, being an officer of a company, namely a director of The Rangers Football Club plc, and knowing that a person, namely Wavetower Limited, had acquired 92,842,388 ordinary shares in the Club from Murray and a liability had been incurred by Wavetower for the purpose of the said acquisition, namely that Wavetower had undertaken, in terms of the Assignation Agreement between Wavetower and the Bank of Scotland plc dated 5 May 2011 and the Share Purchase Agreement between Murray and Wavetower dated 6 May 2011, to pay at least £18,000,000 to the Bank of Scotland plc for an assignation of the debt owed to the Bank of Scotland plc by the Club, did on 9 May 2011 authorise or permit the Club unlawfully to give financial assistance directly or indirectly for the purpose of reducing or discharging the said liability of Wavetower to the Bank of Scotland plc, and at the time said financial assistance was given the Club in which the shares had been acquired was a public company, in that upon appointment as director you did cause the Club to enter into a loan agreement with Wavetower and, in implementation of the said loan agreement, to lend £18,000,000 to Wavetower, which in turn allowed Wavetower to meet its liability incurred to the Bank of Scotland plc for the purpose of the said acquisition: CONTRARY to Sections 678(3) and 680(1) and (2) of the Companies Act 2006;

When one looks at the charges, which frankly allege that Whyte borrowed the money to pay off Lloyds Bank and provide a modicum of working capital, I fail to see the crime that has been committed. He gave the false impression that he had wealth, but did David Murray not borrow £6m from the Bank of Scotland that liked to say ‘how high’ to Rangers and ‘go fuck yourselves‘ To Celtic?

To compound SDM’s debts did he not borrow $1,000,000 to bribe Lawrence Marlborough?

So let’s get this straight. Murray acquires Rangers, borrows the money to do so, and tops this quantum up with a bribe, and gets knighted; whereas Whyte who only borrowed money and did not engage in bribes gets thrown to the wolves.

Is it just me who believes that COPFS are reaching here and that Whyte has no case to answer? These charges look like they have been trumped up to save face apropos the millions squandered in The Great COPFS/ Police Scotland Wild Goose Chase.

n.b. As I write Walter is comparing cardigan knitting patterns with Lady Stacey. Does the ineptitude of COPFS extend to witness selection?

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40 thoughts on “The Great COPFS/ Police Scotland Wild Goose Chase.”

  1. Is this £1.7million pound which was for Public Liability the first of many revelations to come out? and as you have written can Glasgow City Council still hide behind their veils of secrecy. Truth point No. 1 me thinks.

  2. I think that agent whyte has no chance the full weight of the establishment is gangingup on him here, I can only hope for a not proven on this case if allowed by the judge, can only think that Murray has told him how to do this.

  3. The cooncil replied to Phil that it wasn’t in the public interest?? Which public,because everyone I’ve spoken to about this matter wants to know,no matter which side of the City they favour.As i pointed out,yesterday,the only place they could have found a jury for this case must have come from a random pick from Guantanamo Bay.I take it you have discussed matters with your parents and they have told you to ‘gaun yersel,son!’

  4. Good luck with selecting a jury that can understand the charges let alone the evidence. To get a majority verdict could require at least 8 RRM (or RRW) on the jury.

  5. Jj I agree with your comment on living in a police state if Scotland were ever to gain independence

    Alex Neil cabinet minister for SNP was on news last night lambasting police Scotland for not being transparent enough
    What incarnated football club does that remind you of ?
    Back to police Scotland who are having meetings that no minutes were recorded at .Before there main board meetings were minutes are recorded.Do you think that maybe they were discussing any problem areas in the meeting that there are no records off !! .So that in the main board meetings that are minuted all is sweetness & light
    Police Scotland corrupt to the core
    Just ask any member of the green brigade who are constantly harassed at Celtic park

    Jj I’m glad you have the balls to call out police Scotland & you have my respect & backing for doing so

    It is hard to believe Craig whyte ends up in court & after all the corruption around SDM he’s still got his knighthood
    Only in Scotland right enough

  6. Ellis is the backer for Whyte, the bank was satisfied, saw the funds and got paid from a business whos business is none of their business how the money is paid as long as it is legal tender and not laundered. If Ellis was unable to fulfill his backing then what was a poor man like Whyte to do he borrowed on the strength of money to back up borrowing from ticketus it fell threw lets go home your honour, bankrupt and do not continue business in UK for x amount of years.
    Mr Murray the fans would like a word, LNS yer mans been caught cheating the tax.

    1. It becomes a problem if you are effectively buying a company with the companies own money. Or raised that money using the companies assets, when you don’t own it yet.

      That said, he bought Rangers for £1

  7. Meanwhile Sports Direct buys two usa sports retailers with over 50 outlets and online sales for £79m.

    Was Mike Ashley always the better guy to run things than King?

    Craig Whyte buys a club owing £180m for a quid and he’s in the dock for fraud? Only in Scotland!

  8. So Walter is first up as witness ? Amazing how sky are covering this fraud trial . Would this biased coverage not have an effect on the thoughts and put pressure on the jury more than your reporting of facts ?

    They had a blanket ban on the tab ruling !
    The week before the hmrc they reported how all clubs in the UK were watching the outcome ? Then no more coverage ?

    Just out of curiosity jj ? I tried to read the comments earlier and got a message the site was under attack and not secure ? Is this normal ?

  9. What’s puzzling me is how the borrowed money could be secured on season ticket revenue before Whyte actually had authority to enter into contracts on dead Rangers behalf.

    1. It’s illegal, think that’s the basis of one of the charges. The point to argue is the purchase price was £1, how legally enforceable were the sale agreements

  10. JJ,

    I’m a little confused here. In one of your previous exclusives, you provided evidence that the bank had already taken control by the time whyte bought old rangers.

    Presumably this has to come out in the trial or half the witnesses will be perjuring themselves?
    The charges don’t seem to reflect this?
    Surely if whyte has defrauded anyone, it would be the bank and not Murray?

    1. The Bank of Scotland wasn’t defrauded by Whyte. The bank’s loan/overdraft was paid in full when he took over. In fact it was a condition of the sale.

      The bank effectively controlled RFC (in liquidation). It didn’t own the club or have an equity stake in it. So it didn’t have control that shareholders get from being able to vote at the AGM. David Murray was the club’s majority shareholder. Until he sold his stake to the Motherwell-born billionaire for £1.

      Prior to that sale RFC (in liquidation) was only able to stay in business because it was propped up by the goodwill of the Bank of Scotland’s overdraft. If the bank called in that loan or reduced the size of the overdraft, the club would have gone bust far sooner than it did. (You might remember the bank tried to do this to Celtic FC which brought about the end of the Kelly regime and the arrival of Fergus McCann.) The Bank of Scotland was able to put pressure on the now dead club to live within its means, cut costs and reduce its debt: do as you’re told or we pull the plug. It was in that sense the bank controlled the club. That only happened after Lloyds took over HBoS and ended Murray’s cosy arrangement with the Bank of Scotland.

  11. So the indictment clearly identifies the sums owed on the “wee tax case” as part of the agreement.

    If any SFA con artists read this, what part of this debt had not “crystallised” in 2011 if it was part of the sale and purchase agreement for the club?

    You utter corrupt con men.

    That part of the indictment should have all of Scottish Football clamouring for instant dismissal of the corrupt cabal at the core of our game.

    I look forward to Dave King being pursued by Police Scotland and the Prosecuters for telling porkies about his investment, nomad, transparency etc etc.

    A total stitch up and charade and complete waste of the public purse this whole case is. I was chastised by another poster by suggesting the possibility that the police had subverted this investigation and did not want the real truth to come out as it would rip the establishment and their former favourite club to shreds.

    I stand by that allegation

    1. I’m sure at one point a price of £6m was reported but that reduced to a £1 very quickly post due diligence.

      Guessing WTC and repairs commitments may have played a part.

    2. Up to a point, you’re almost certainly correct General.

      But I think it’s important to bear in mind that the police force is not a homogeneous slab. It’s a diverse and complex body politic, and there are some people within it who stand to lose considerably by the trial drawing a blank – whose arses, in JJ’s picturesque image, are well and truly out the penthouse window, and chirruping like crickets in a Baxendale-Walker movie.

      They’ve realised too late that Craig Whyte may by no means be the person with most to lose from this trial.

      Washing dirty clothes in public is one thing – but when you start to realise they may have traces of three different types of DNA-testable bodily fluids, you might find yourself wishing you’d just incinerated the bloody lot.

  12. Have a couple a jars on me again quality 👍👍. Donation sent

    JJ : Thank you Brydo. Still trying to make sense of it all.

  13. Either there’s some breakdown in the feed from James Doleman or the expensive trial is a charade. An example? McCoist, ex Rangers player and assistant coach, listing his profession as “football analyst” replies to question about the current Rangers captain “David Weir, I think.” The question from the defence advocate!
    Shameful and disgusting if accurate.

  14. When Lord Bannatyne judged at the High Court of Session that Rangers FC were not demoted, not relegated nor sent down the leagues but Charles Green’s New Rangers entered into a contract with the SFL to enter SFL league 3, the SMSM blanked that news and swiftly moved on.

    The Supreme Court is currently deliberating EBTs.

    The TAB has King by his remaining curlies.

    The Scottish High Court is airing the SDM/Whyte dirty linen.

    MAshley is out for £5m compensation.

    It’s running on fumes and debt and cannot convert loans.

    The SFA will have to corrupt its own rules to award a Euro license (again). The SFA will have to get used to funded fans organizing judicial reviews on a regular basis going forward. A cultural change in football governance.

  15. Manchester United bought by the Glazers using leveraged debt Happens all the time. Craigie is guilty of lying to Ticketus who should have done their own due diligence

    A good rule to see the action plan is to follow the money. Certainly the Bank and SDM were on the right side of the ledger. Ticketus and Rangers FC not so. Craigie a small time player who profited a bit. Just about sums it up

  16. I can see a stretch in the region of 10 year’s comming his way 12 ranger’s supporting jury and you know who run the justice system in Scotland rotten to the core

  17. Good lord, this is reminiscent of one of those Mafia trials.

    Witness after witness were themselves on the EBT payroll. Can’t remember that conversation. No recollection of signing that document. No recall of what was said at that meeting.

    Only thing we’ve not had yet is an aged relative from Sicily being wheeled into the courtroom under mob escort. But there’s time yet!

    That moment when the veneer of Scottish society falls away and realise what you’re actually looking at – an infamous shower of absolute rotters!

  18. Prior to the administration event with CW, the board at Ibrox was pushed for a decision based on the business plan put forward by Lloyds, based on cost reduction. It was either ‘take it or you are going into administration’.

    King, Paul Murray and John Greig voted for administration (yes, Greig had a vote).

    They wanted control of the club for zero outlay.

  19. I agree we live in a wee, shackled, bigoted beautiful country. Our history though is of big thoughts, way beyond our tiny population. Is it not possible that independence will see us rise above and ‘be a nation again?’ You must be familiar with Robert Burns. Does he not speak for us? Believe man!

  20. Peter.

    You are almost there. Ellis was the ‘go to’ man. On the Friday before the deal, Whyte’s lawyers announced to the stock exchange that the club had been sold to Whyte. This was a formal and false statement.

    Incidentally, Whyte dodged internet fiscal historical information by changing his date of birth. He also was called White for a while.

    And whilst I am at it, when he was arrested in Mexico, he was on his way to Costa Rica (where he had spent a year previously) and which has no extradition with the UK.

    This case will run for a while.

  21. The Health and Safety liability of $1,700,000 was never paid. Which official at GCC ignored this and issued a licence? Is there a current H and S licence? We were promised transparency.

  22. Do you not think it would be better to live in a police state where you can appeal to the European Courts or a police state in a Brexit UK?

  23. Did the ‘Cardigan’ and ‘Salary’ LIE to the court, in that Walter opined he hadn’t heard of EBT’s till 2011, which I find “astonishing” and don’t believe him for a second and Super wasn’t put on gardening leave, but rather he resigned which terminated his contract that allowed him to receive the 1 years compensation he was due.

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