- Businessman was brought before court over woman’s claims he raped her
- She said she woke up after a boozy night at his house and found him next to her
- But his lawyers claimed she could not remember what had happened
- Prosecutors withdraw case and he is cleared by a judge in Glasgow
Businessman Gordon Wotherspoon was cleared of rape after the case collapsed
A married businessman accused of raping a woman after a boozy night at his £1million home has been cleared today.
Gordon Wotherspoon, of Kilmalcolm, western Scotland, went on trial after the woman said she woke up to find him performing a sex act.
But the case against the 45-year-old collapsed this week after his lawyers insisted that the woman could not remember what happened before the alleged attack.
Wotherspoon had insisted any sexual contact with the woman on the night in June 2016 was consensual.
The High Court in Glasgow heard claims the woman had been ‘flirty’ with Wotherspoon, and had also tried to kiss his wife.
They had been drinking vodka and wine and the woman had been ‘slaughtering’ her ex-husband, the jury were told.
The woman told the court she later woke up on a bed and saw Wotherspoon standing beside her.
Glasgow High Court had heard claims the woman could not remember what had happened
Prosecutor Steven Borthwick asked: ‘Have you any idea how you came to be in that bedroom?’
She replied: ‘No.’
The woman said she passed out again adding: ‘I could not speak. I felt paralysed.’
Wotherspoon’s lawyer suggested that because the woman had no memory of certain things meant she could not ‘exclude’ the ‘possibility’ they had happened.
This included claims the woman had been ‘flirting’ with Wotherspoon and had kissed his wife.
The defence barrister said she could not ‘dispute’ such suggestions and the woman replied: ‘No.’
The prosecutor today withdrew the case based on an issue of the ‘legal sufficiency of evidence’.
Judge Johanna Johnston QC went on to formally acquit Wotherspoon.