A SENIOR executive at a Scottish defence contractor will be grilled in court over why he fabricated documents in a legal row over a multi-million Clyde warship deal.

Tom Stark, managing director of Ticon Insulation, has admitted faking documentary evidence in a dispute over a contract to fit out the Royal Navy's Type 45 destroyers.

Now a judge in Scotland's highest court has decided to hear oral evidence on the fabric-ation – raising the prospect Mr Stark could face a fine or jail if an allegation of contempt of court is proved.

Lord Woolman, at the Court of Session, ordered a civil proof on both the alleged contempt of court and the case itself, a dispute over £750,000 between Ticon and former sub-contractor, Deck-Rite.

He said: "I am reluctant to deal with this without evidence."

Alistair Clark QC, acting for Mr Stark, had questioned the need for his client to be quizzed on the contempt issue from those representing Deck-Rite. "It is not clear what the proof is intended to be about," the advocate told Lord Woolman, "other than a grilling of Mr Stark to try and trip him up and cast doubt on the veracity of his account."

Lawyers acting for Deck-Rite believe the faked document – a tender letter – goes to the heart of the case and the nature of the deal between the firms.

Mr Stark admits having the letter fabricated but says he did so to "recreate" a document he insists had once existed.

Ticon claims its deal with Deck-Rite came after a tendering process. Deck-Rite says there was no such process.

A contempt of court is an offence against the court, not any party in a case.

Lord Woolman has the power to fine Ticon and to jail or fine Mr Stark if they are proven to have committed contempt by fabricating evidence.

In a minute lodged by Mr Brown for Deck-Rite, Ticon and Mr Stark are accused of, "a premed-itated and sophisticated scheme to procure and present a fabricated document with the intention of deceiving the court and thereby interfering with the proper administration of justice and subverting a fair trial."

In a written response, agents for Ticon said the fake was the result of a "gross misconception" on the part of Mr Stark.

Ticon lawyers said: "Mr Stark's conduct did not involve wilful defiance of, or disrespect towards, the court."

Deck-Rite, which is based in Bishopbriggs, East Dunbartonshire, is suing Ticon, of Stepps, Lanarkshire, in a dispute over £750,000 it believes it is due for work it carried out on insulating the decks of the six Type 45s.

The case is scheduled to continue in October.

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