A footballer accused of raping a woman has told a court they had been flirting and kissing earlier during a night out.
David Robertson said he thought it was obvious the woman was attracted to him and he was attracted to her.
Former Dundee United and St Johnstone player Robertson, 30, said he was the given a key to a flat in Armadale, in West Lothian, by a friend during an evening out at a pub and club in nearby Bathgate.
He said the intention was to go back to the house to continue the night out with his then United teammate David Goodwillie, the woman and a female friend who was out with her.
Robertson’s counsel, Roddy McIlvride QC, asked if he had mentioned it to the woman and she said she wanted to go back and he replied: “Yes.”
He said he thought that Goodwillie was going to go back to the flat with the other woman.
Robertson, who now plays with Cowdenbeath, said that after he left Chalmers nightclub he was “pretty drunk”, but was not falling over or did not know what he was doing.
He added that the woman who is now suing both him and Goodwillie was drunk but was not slurring her words. He said: “I never saw her fall over or stagger.”
He said he and the woman had been “flirty and kissing” during the evening and said: “My understanding was that things would progress and probably lead to sex.”
Robertson told the Court of Session in Edinburgh that the two women “started kind of arguing about going back to the house” and he thought the other woman was not wanting to go any more.
He and Goodwillie and the woman now suing them got in a taxi and made the journey to Armadale. He said the woman walked from the taxi to the door of the flat.
“She never fell over. She never staggered,” he said.
Robertson said that earlier in the evening of January 1 in 2011 he had been in the Glenmavis Tavern in Bathgate with friends where Goodwillie and a cousin of the former Scotland striker joined them. The women were also in the bar.
Mr McIlvride asked him what the interaction between the woman now suing them and him was like and he said: “It was flirty, if that’s the right word.” He said it was “kind of touchy, feely” and the woman said to him that he was looking a bit better than he had in earlier years.
He said he had told her he had a girlfriend and she turned around as if she was annoyed, but said: “Who am I kidding that I really care.”
“She asked who David was. I told her he was a teammate of mine, then she said he is quite good looking,” he said.
Robertson said he and the woman went off to a room and started having sex. Goodwillie entered the room and the woman said she was fine with him being there.
The woman began to perfrom a sex act on Goodwillie.
Robertson said when he stopped having sex with the woman and left her with Goodwillie.
He said that before he left the room he had asked them if they were both alright and was told yes. He said he briefly went back into the bedroom and they were kissing.
He said he told them he was going to leave and asked if they were OK. “They both replied saying they were fine,” he said.
Mr McIlvride asked: “Was her speech slurred in anyway?” He said: “No.” The counsel asked: “Did she appear to be capable to you of making her wishes known to you?”. He responded: “She did.”
Mr McIlvride asked: “If she had not consented to sex would you have had sexual intercourse with her?”. Robertson answered: “Definitely not.”
The 30-year-old woman is suing Goodwillie, 27, now with Plymouth Argyle, and Robertson for damages after raising a £500,000 action against them. The court was told the amount of damages has been agreed, if she succeeds. The sum was not disclosed.
It is alleged that they raped her in the early hours of January 2 in 2011 at the flat in Greig Crescent.
Both men deny the allegation and maintain that intercourse that occurred was consensual. Neither was prosecuted.
The hearing before Lord Armstrong continues.
