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.
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?