Footballers launch appeal after judge's rape ruling
David Goodwillie and David Robertson ordered to pay Denise Clair £100,000 after civil case.
A former Scotland striker and his ex-club teammate have launched an appeal after a judge ruled they were rapists in a civil case.
Ex-Dundee United footballers David Goodwillie, who played three times for his country, and David Robertson were ordered to pay Denise Clair £100,000 after a civil case earlier this year.
Judge Lord Armstrong ruled she had proved Goodwillie, 28, and Robertson, 31, raped her at a flat in Armadale, West Lothian, in January 2011.
The players maintained the sexual activity was consensual and have now appealed the decision.
Dorothy Bain QC, senior counsel for Goodwillie, argued on Tuesday that the judge failed to take into account testimony from a neighbour.
During the earlier case, neighbour Clifford Wilson said he had heard giggling and laughing, and what sounded like "normal sex" from the downstairs property.
In his judgment, Lord Armstrong said Mr Wilson's evidence was "sufficiently confused that little reliance ought to be placed on it".
Ms Bain told the appeal court on Tuesday: "The words he hears make sense in the context of what was happening.
"It is clear Mr Wilson was talking about the events of the early hours of the morning of January 2 in 2011."
Ms Clair, 31, who waived her right to anonymity, had gone out with a friend in Bathgate but woke the following morning naked in a house she did not recognise.
She contacted police and although an investigation was carried out, no criminal prosecutions were brought. She was awarded the money under the criminal injuries compensation scheme.
Goodwillie now plays for Clyde, while Robertson retired from football in January.
The hearing, before Lord Justice Clerk, Lady Dorrian, Lady Clark of Calton and Lord Malcolm at the Court of Session in Edinburgh, continues.