The mother of a woman who claims she was raped by two Scottish footballers today told a court that her daughter’s personality changed after the alleged attack.
The 62-year-old widow was asked by her daughter’s counsel, Simon Di Rollo QC, how events had affected her, and responded: “She didn’t really want to talk to people. She wanted to stay in the house. Before, she was quite a bubbly person.”
The mother said her daughter changed after the events in 2011 in that she became withdrawn and was not “the happy young woman that she was”.
“She never really went out and only ever really came down to see me and her dad,” said the mother, who told the Court of Session in Edinburgh that her husband had died the same year.
Her daughter is suing former Dundee United players David Goodwillie and David Robertson.
The mother said she had agreed to babysit her granddaughter to allow her daughter to go out for the evening on January 1 in 2011. She said: “We had already agreed she would come back at one o’clock.”
She said her daughter did not return then, and added: “I tried to phone her mobile phone. It just went to the answer phone.”
Mr Di Rollo asked if she became worried, and she replied: “Yes, about two o’clock when I had not had any contact with her when she had said she would be home because her dad was ill.”
She said one of her sons had come to the house to sit with her because she was worried. She had eventually made contact with her about 9am and her son went to get her.
The mother said her daughter was upset and crying and went straight to her room. She had arrived back wearing jeans but had not gone out in them. She came back after changing her clothes and police were contacted.
She said her son had looked shocked, pale and angry when he returned with her daughter.
Dorothy Bain QC, for Goodwillie, pointed out that in an earlier statement to police the mother had said she phoned her daughter several times and it sounded like someone had hung up on three or four occasions.
The mother also agreed that it looked as though she had sent a text message about 2am to her daughter asking her if she was OK.
The court also heard from a former schoolmate of the woman who went out with her to pubs and a club in Bathgate on the evening in question. The woman said she had seen her at a bar in the Glenmavis Tavern, also known as Smiths, with David Robertson drinking, chatting and apparently flirting.
Mr Di Rollo asked: “Was he doing the same with her?”. She said: “Yes.”
She explained that by flirting she meant they were leaning into one another and standing close to each other. She added: “At one point I believe they kissed.”
They later went to Chalmers nightclub and she said the woman “had had a drink, she was not completely compos mentis”.
The 30-year-old said they had spoken in the toilets and was asked if anything was said about David Robertson: She said: “I believe I did, that he had a girlfriend as far as I knew. It probably wasn’t a good idea to do anything romantically with David Robertson.”
She was asked what was the woman’s reaction and said: “I can’t really remember. I think she just took in what I said.”
She agreed that as they were leaving the club the woman appeared to be “quite drunk”. She said it would be fair to say that Goodwillie was trying to chat her up but she told him she was going to her mother’s.
She said the woman got into a taxi with Robertson and Goodwillie and she was asked if she said anything to Robertson.
She said: “I don’t remember the exact words but I think I would have said something along the lines of ‘Look after her. Make sure she gets home.'”
She said she had trusted Robertson that he would “get her back to where she wanted to go wherever that might be”.
The 30-year is suing former Scotland striker Goodwillie and Robertson, who also played for St Johnstone, after raising a £500,000 damages claim at the Court of Session in Edinburgh. The court was told that the amount of compensation to be paid to the woman if she succeeds in the action has been agreed.
In the case she alleges that both men raped her in the early hours of January 2 in 2011 at a flat in Armadale, in West Lothian, following a night out. It is claimed that she was incapable because of the effect of alcohol of giving free agreement at the time when intercourse took place.
Goodwillie, 27, who is now with Plymouth Argyle, and Robertson, of Bathgate, deny the allegation and maintain that intercourse was consensual.
The hearing before Lord Armstrong continues.
