A man told a court that he heard giggling and laughing and sounds of sex coming from a flat where a woman claims she was raped by two footballers.
Clifford Wilson later told police that the woman he heard in the neighbouring house did not sound distressed and added: “It sounded like they were having normal sex.”
Mr Wilson (59) lived above the flat in Greig Crescent, Armadale, in West Lothian, where it is alleged former Scotland striker David Goodwillie and his ex-Dundee United teammate David Robertson assaulted a woman in the early hours of January 2, 2011.
Both men deny the allegation and maintain that intercourse was consensual. Neither was prosecuted.
The 30-year-old woman is suing both players in a civil damages action at the Court of Session in Edinburgh after raising a £500,000 claim.
The court was told agreement had been reached on the amount of damages to be paid if she succeeds. The sum was not disclosed.
Mr Wilson told the court that he suffered from a spinal condition which can disturb his sleep.
He said on the afternoon of January 1 he had gone to the pub before returning home, having his dinner and watching TV until 2 am.
He said he heard the door of the downstairs flat and heard a male and a female. “They were talking, laughing and giggling,” he said.
He told Goodwillie’s counsel, Dorothy Bain QC, that he could make out both male and female voices and said: “I just thought there was maybe two.”
He said they went into a bedroom in the downstairs flat and he heard “something getting dragged across the floor”.
Mr Wilson added that he also heard mumbling and at one stage heard the woman humming a tune.
He told the court that he had given statements to the police following the events and in one he said: “When they first got in the house it sounded like they were moving things around.”
Mr Wilson told police that about 20 minutes after they had got to the house he heard the front door bang at the downstairs flat and looked out a window and saw “a young guy walking down the pavement”. He said he was staggering as he walked and looked drunk.
He said that he could not sleep because of the noise and went through to the living room to watch TV in his flat where he had stayed with his mother at the time.
Mr Wilson told officers that before that he thought they were having sex, He said the male was grunting and the woman was making noises and was giggling again.
Mr Wilson said he had heard both male and female voices and said “they were speaking OK”.
He said that at one stage he heard a bed in the downstairs flat hit a wall. He told police that it “banged off the wall” and added they were definitely having sex.
In the action the woman claims that she was incapable because of the effect of alcohol of giving free agreement at the time that sex took place.
She had gone out for the evening in nearby Bathgate and been at pubs and a nightclub. It is said she left the club shortly after 2 am and was “visibly and obviously severely intoxicated”.
It is alleged: “The defenders (Goodwillie and Robertson) took the pursuer into the flat and raped her there in the early hours of the morning. Both defenders were aware of sexual conduct of the other toward the pursuer.”
It is said that the woman woke about 9.30 that morning alone, naked, in pain and not knowing where she was.
Both men maintain that sexual intercourse with the woman was consensual. They contend that she voluntarily got into a taxi with them and that she walked without difficulty from the cab into the flat in Greig Crescent.
The hearing before Lord Armstrong continues.
