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FOOTIE RAPE CASE

Former Premier League ace David Goodwillie ‘regrets’ leaving his rape accuser in the flat after threesome with her and teammate

He claims 'none of them would be here now' if he had stayed

A FOOTBALLER accused of raping a woman with his former teammate says he "regrets" leaving her alone in a flat after having sex with her.

Denise Clair claims she was raped in a flat in Armadale by the former Scotland striker and ex-Dundee United player David Robertson back in 2011.

 Denise Clair is suing David Goodwillie, pictured, and David Robertson
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Denise Clair is suing David Goodwillie, pictured, and David Robertson
 The 30-year-old, pictured, says she was too drunk to consent to sex
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The 30-year-old, pictured, says she was too drunk to consent to sexCredit: Lesley Donald
 Gayle McGregor, pictured, told the court Clair was 'so drunk she needed an ambulance'
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Gayle McGregor, pictured, told the court Clair was 'so drunk she needed an ambulance'

Goodwillie never prosecuted over the alleged incident but he is now battling a civil case from Denise, who wants £500,000 damages from him and Robertson.

Yesterday, giving evidence at the Court of Session in Edinburgh for the first time, Goodwillie revealed details of the alleged attack — and said he regretted leaving afterwards.

Goodwillie said he walked in to a bedroom where Robertson, 30, and Denise were kissing.

 Goodwillie says he 'regrets' leaving the woman alone in the flat
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Goodwillie says he 'regrets' leaving the woman alone in the flatCredit: LESLEY DONALD

He said he then sat on the edge of the bed and the mum reached over to him.

He said she was touching him “in the private areas” and he pulled his jeans down. The court heard Denise then performed a sex act on him.

He said: “I got on the bed. She is facing away from Robbo.

“I think they were having sex at this stage. She was facing away and Robbo is behind her.”

When Goodwillie’s lawyer Dorothy Bain QC asked him if Denise was unhappy or did not know what she was doing, the player replied: “No.”

Goodwillie said Robertson left shortly after.

Asked how Denise reacted to his pal leaving, he said: “I don’t think she was happy.”

The star said he and Denise carried on kissing and then had sex. He said afterwards she went to the bathroom, where he heard her giggling.

Goodwillie claimed he then told Denise he wanted to go home, but she said she was staying.

He said she then went to another bedroom and got under the covers as he left.

He told the court: “I think she said, ‘f*** off then’.”

The footballer said he made his way back to his car in Bathgate before driving back to Stirling.

Goodwillie also admitted he regretted leaving Denise alone at the flat.

He said: “I do think if I stayed no one would have been here today. I do regret leaving.

“I think waking up somewhere where you don’t know where you are must have been terrifying.”

Denise sat in court to listen to Goodwillie’s testimony yesterday.

She is claiming damages from the former team-mates over the alleged attack on January 2 2011.

Goodwillie, now playing for Plymouth Argyle, and Cowdenbeath midfielder Robertson both insist the sex was consensual.

Earlier on in the week the court heard the woman was "so drunk she needed an ambulance", according to a nightclub security worker who saw her on the night of the alleged attack.

A court heard Gayle McGregor, 40, looked for Denise Clair after she lost her purse on January 2, 2011.

 David Robertson is also accused of raping Denise Clair in a flat in Armadale
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David Robertson is also accused of raping Denise Clair in a flat in ArmadaleCredit: Scottish News and Sport
 Both footballers deny that the woman did not consent to have sex
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Both footballers deny that the woman did not consent to have sexCredit: LESLEY DONALD

When she found the 30-year-old she was not "in control of herself".

McGregor said: "She was leaning against the front doors. She wasn’t in control of herself.

“Her eyes were rolling. She couldn’t stand up straight. She couldn’t speak properly. She wasn’t compos mentis.”

Clair alleges she was raped by both men at a flat in Armadale, West Lothian after they offered her a taxi ride home from Chalmers nightclub, where she had been with a friend.

She claims she was incapable of consenting to sex due to being intoxicated - and it is alleged neither man had reasonable belief she did so, leaving her naked and unconscious.

The pair say CCTV footage shows Clair was able to walk, have a conversation and use her mobile phone.

Meanwhile, McGregor told the court she had seen Clair in the nightclub's toilets, and in her opinion she needed an ambulance - but David Robertson said he knew her and would take her home.

McGregor said: “He was like, ‘No, she will be fine. I know her’ ... he would take her home.

“I basically told him if she becomes unconscious just to phone 999.

“He was telling me he was going to take her away with him. I basically told him she was needing an ambulance rather then getting taken away.”

McGregor admitted she did not call the emergency services.

Goodwillie also told the hearing that his footie career suffered when the rape claim against him wrecked his big-money move to Rangers.

He said he hoped for a transfer from Dundee United before he was accused by Clair of the sex attack.

 Goodwillie and Robertson deny the allegation, and neither were prosecuted
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Goodwillie and Robertson deny the allegation, and neither were prosecuted

The day before the alleged assault, he scored a goal that could have sealed a switch to Ibrox. The former Scotland striker, 27, said: “Then all this happened and now nothing. I think it would have been Rangers. Then I was charged and that was when all contact broke down.”

Goodwillie, who now plays for Plymouth Argyle and who married earlier this year, told the court that after he scored a late equaliser in a New Year game against Aberdeen, he had planned to go out in his home town of Stirling with a cousin for a few drinks.

But he said the first bar was “dead” and arrangements were made to meet Robertson in Bathgate, West Lothian.

They were heading for the Glenmavis Tavern when they saw two women and asked directions, the court heard.

One of them was Denise, who was out for the evening with a friend, reports the .

After the pub, they went to Chalmers nightclub in the town. Goodwillie said: “I would probably say I was drunk.”

Goodwillie agreed that after the club, he was hoping to go on to a flat in Armadale with Robertson and the two women.

Asked how Denise seemed to him, he said: “She seemed fine. She was drunk just like us but no worse off than any of us.”

The footie star agreed that he had been interested in Denise’s friend and that she turned him down.

Denise has already given evidence but returned to court yesterday to hear Goodwillie’s testimony. She alleges that both men raped her when she was too drunk to consent to sex.

The hearing continues.


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