Ex-Rangers chief says 'unlawful arrest' ruined his life in £20m legal claim

The businessman was originally accused of breaking the law in relation to his consortium's £5.5million purchase of the football club from Craig Whyte in 2012 and Mr Whyte's 2011 takeover.

In February last year the Herald revealed that Mr Green and finance chief Imran Ahmad would face no further proceedings in connection with the club fraud and conspiracy case as prosecutors said there was "now no evidence of a crime".

READ MORE: Charles Green to step down as Rangers chief executive

Now it has emerged that as part of a £20 million damages claim, Mr Green is claiming his right to a private life was “interfered” with by his alleged wrongful arrest in 2015 — causing distress to his family.

And a legal letter from Mr Green's solicitors claims he was unlawfully arrested and that his human rights had been breached.

The letter says: "Mr Green’s right to private life was interfered with by his arrest and detention which was plainly both unlawful and unnecessary.

“In particular, the interference with Mr Green’s private life has caused an enormous amount of distress and anxiety to Mr Green and his family.

“His personal relationships have suffered greatly.

“This includes his long-term relationship with his partner which broke down as a result of this matter and the negative effect it has had on Mr Green’s brother, an ex-senior police officer in South Yorkshire Police.

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“Despite many years in the police force dealing with matters such as the Hillsborough disaster, he has found the matters relating to the treatment of his brother very difficult to bear.”

Two former Rangers administrators David Whitehouse, Paul Clark and an associate David Grier, are also claiming damages over the arrests against the Crown alleging human rights breaches in connection with the failed attempts to prosecute anyone in relation to alleged fraud over Mr Whyte's purchase of the club and the subsequent asset purchase fronted by Mr Green.

In June, the Crown Office paid compensation estimated at £80,000 to Mr Whitehouse over the granting of a restraint order over his assets, as part of his claim,  which the Lord Advocate had admitted was "wrongful".

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The correspondence from Mr Green's legal team, published in the Scottish Sun claims the former Rangers executive's human rights were breached when he was held in custody at Livingston police station for “24-30 hours” in September 2015."

“It appears clear Mr Green was only arrested and charged with conspiracy in order to allow Police Scotland and the Crown Office a further year to pursue flawed charges against Messrs Whitehouse, Clark, Grier and Whyte.

“Police Scotland and the Crown had no power to act as they did and acted beyond their competence in unlawfully arresting Mr Green.

“Such conduct was a disproportionate interference with Mr Green’s liberty and accordingly was unlawful.”

The letter goes on: “Police Scotland and the Crown’s conduct was plainly influenced by an ulterior motive and the absence of reasonable grounds for suspicion demonstrates recklessness on the part of Crown amounting to malice.

“In addition, it is clear that Police Scotland had already decided to arrest Mr Green prior to interviewing him.

Craig Whyte bought Rangers from  Sir David Murray for £1 in 2011.

“For example, while Mr Green was waiting to be interviewed at Livingston police station, he was informed by a police officer that he shouldn’t bother with tying his shoelaces as he was about to be charged and his shoelaces would be removed.”

The decision to drop any proceedings against Mr Green and Mr Ahmad marked the end of two-and-a-half-year long proceedings, which saw only Craig Whyte face trial, and has led to no convictions.

The original 15 charges in the Rangers case had covered fraud and conspiracy surrounding Mr Whyte's purchase of Rangers from Sir David Murray for £1 in 2011 and the buying of the club's liquidated assets for £5.5 million by the Sevco consortium four months after the business fell into administration in February 2012.

A Police Scotland spokesman said: "As this is an ongoing legal case, it is inappropriate for us to comment."

The Crown Office and Procurator Fiscal Service would not comment.

It was in June, 2016,  that it first emerged that there were to be no further proceedings against David Whitehouse, David Grier and Paul Clark, who worked for Rangers administrators Duff and Phelps and former club secretary Gary Withey, who worked for Whyte's London law firm, Collyer Bristow and advised Mr Whyte during his takeover.