A woman who is suing two former Dundee United footballers she claims raped her was unaware of who one of them was when she was told by police that they had a DNA finding for him, a court has been told.
The accuser was medically examined after police were contacted in January in 2011 and samples were sent for analysis.
Detective Sergeant Rebecca Gregson, 36, said: “I am aware the complainer was told about a DNA hit on January 17.”
She continued: “From what I can remember she was still unaware who that particular male was and was quite adamant that how his DNA was there was confusing. She couldn’t understand.”
Simon Di Rollo QC, for the woman, said police were able to identify the male and the officer said: “Yes, it was David Goodwillie’s semen.”
The former Scotland striker is being sued along with ex-United teammate David Robertson in the action.
Mr Di Rollo said: “In her evidence to us she said at one point ‘I have never met David Goodwillie’. Is that consistent with what she was saying to you when you were informing her of this?.” The detective replied: “Yes.”
DS Gregson said that at one point police carried out a “cognitive interview” with the woman and explained it was a technique in which the interviewee was taken back to the actual incident to relive it.
She agreed there was a gap in her memory in terms of what had happened to her. Mr Di Rollo asked her if the memory was recovered and she said: “No.”
She said Goodwillie was interviewed but gave a “no comment interview”.
The 30-year woman is suing Goodwillie and Robertson after raising a £500,000 damages claim at the Court of Session in Edinburgh.
It is alleged both men raped the 30-year-old woman in the early hours of January 2 at a flat in Armadale, in West Lothian, following a night out. It is claimed that she was incapable of giving free agreement at the time when intercourse took place.
Goodwillie, who is now with Plymouth Argyle, and Robertson, of Bathgate, deny the allegation and maintain that intercourse was consensual. Neither was prosecuted.
They claim that CCTV footage shows the woman was capable of walking, holding a conversation and using her mobile phone.
DS Gregson agreed that Goodwillie was charged and a report was sent to Crown Office against him alone.
Mr Di Rollo said Robertson subsequently gave a statement to detectives in July in the course of which he indicated that he too had had sexual intercourse with the woman.
The detective sergeant agreed that up until that point there was no evidence about that. Mr Di Rollo said: “He had, of course, been told he would not be prosecuted in respect of this matter.”
DS Gregson said: “I believe so.”
The senior counsel said that a decision was subsequently made by Crown Office that no proceedings were to be taken and she said: “Yes.”
Anne Marie McKay told the court that she had gone out with friends on the evening of January 1 and went to the Glenmavis Tavern, in Bathgate, also known as Smiths.
She said she had never seen the woman in the bar before but knew her through work. She said she was at the bar when the woman fell over into her side.
She had later seen her making her way to the public bar. Ms McKay (47) said she was “quite drunk” and added: “Her eyes were quite glazed over and her words weren’t like making sense.”
She later saw her again outside the pub. She said: “She was kind of staggering about and she only had one shoe on.”
“I called over to her was she OK and where was her shoe. She said that’s what she was doing — trying to find her shoe,” she said.
Ms McKay agreed with Roddy McIlvride QC, for Robertson, that the woman was wearing very high-heeled shoes that night. But she said of the initial incident in the pub: “She was standing still next to me and had come over this way so she wasn’t walking.”
The hearing before Lord Armstrong continues.
