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Mystery of missing evidence as Crown Office prosecutor abandons stalking case against Tony Girasoli ... Poker player was accused of intimidating domestic violence victim ex of gangland thug Frankie 'Donuts' Donaldson ... Police Scotland admit confidential witness statements and other evidence has somehow VANISHED but they do not want to talk about it

A POKER playing friend of Frankie ‘Donuts’ Donaldson will not stand trial for allegedly stalking a domestic violence victim after the evidence vanished from Police Scotland.

Tony Girasoli, 57, was accused of perverting the course of justice and stalking Jane Clarke in a bid to stop her testifying against her violent ex-partner Donaldson.

Ex-professional poker player Girasoli first appeared in court two years ago but in April police discovered that five original witness statement and other evidence had gone missing.

They admitted to Jane that the material, including allegedly threatening text messages, disappeared from their possession and launched a probe.

One of the missing statements is thought to have been from Jane's solicitor who allegedly overheard Girasoli during a phone call.

The evidence file was last thought to have been in the possession of a high ranking officer — but police bosses refuse to discuss the exact circumstances.

The Crown Office vowed to proceed and ordered the police to take new witness statements, but have now dropped the case against Girasoli.

Donaldson, a wealthy businessman with gangland links, was last year jailed for violence against Jane and her sister.

Girasoli’s alleged threats related to a £1million civil claim brought against Jane by Donaldson, 59, which he eventually abandoned.

One source said: “Girasoli allegedly turned up at Jane’s workplace and told her that she should not go to court.

“It was also alleged that he tried to get her to reach a financial settlement with Donaldson. The suggestion was that she would no longer need to look over her shoulder.

“There were later incidents involving text messages and a phone call which was witnessed by Jane’s lawyer.

“It took almost four years to jail Donaldson for violence and he eventually abandoned his £1million claim which was groundless.

“When the police told Jane that the Girasoli file had vanished she was disgusted but having experienced the reality of the justice system as a victim, little shocks her any more.

“She and the other witnesses have suffered years of anxiety and disruption only to be denied justice in very dubious circumstances.”

Donaldson’s associates have included George ‘Goofy’ Docherty, who was murdered in 2006, and members of the Daniel and Lyons organised crime groups.

In February he was freed after serving one-third of a 26-month jail sentence for violence against Jane and her sister.

Last month he suffered a third knife attack in 16 months when he was stabbed in Govan, Glasgow.

The attempted murder bid came after an attack in Cumbernauld, Lanarkshire, last April and inside HMP Low Moss four months later.

Girasoli, of Renfrew, first appeared at Glasgow Sheriff Court in August 2016.

He faced charges of stalking and attempting to pervert the course of justice.

He plays in professional poker tournaments where he uses the nickname 'Ciao'.

A Crown Office spokesman said: “The procurator fiscal received a report relating to a 57-year old male and incidents said to have occurred between October 2015 and June 2016.

“After careful consideration of the facts and circumstances of the case, including the available admissible evidence, the procurator fiscal decided that there should be no proceedings taken at this time.

“The Crown reserves the right to proceed in the future should further evidence become available.”

A Police Scotland spokesman said: “We note the decision by the Crown. The circumstances are currently being reviewed by Police Scotland.”


CROWN LEAVE VICTIMS AND WITNESSES IN THE DARK

DOMESTIC violence victim Jane Clarke was not told that the Girasoli case had been dropped.

The Crown confirmed they had abandoned the prosecution in an email to the Sunday Mail newspaper on August 16.

But it was not until eight days later that they informed Jane.

A senior prosecutor only phoned to apologise after the Sunday Mail asked if she had been told.

Jane declined to comment but a source said: “There have been rumours for weeks about the case being dropped.

“But even after this was confirmed to the media, no-one thought to share it with Jane or the other witnesses.

“Jane believes it is typical of how victims are treated with disregard.”

A Crown Office spokeswoman said: “Due to an error and contrary to normal practice the victim was not advised of the decision at the time.

“She has now been spoken to by a senior member of legal staff who has apologised for the error in communication and explained the decision which was reached.





A version of this report first appeared in the Sunday Mail newspaper on September 9, 2018 and Metro on September 10, 2018

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