Handling Of Salmond Complaints Ruled Unlawful

8 January 2019, 14:56

Alex Salmond court of session

Alex Salmond calls for the  Permanent Secretary to the Scottish Government to quit after "humiliation" at the Court of Session.
Former first minister Alex Salmond has called on Scotland's top civil servant to quit her post after accusing her of "wasting" hundreds of 
thousands of pounds of public money defending the administration's "unlawful" handling of sexual misconduct allegations against him.
The former SNP leader took legal action against the Scottish Government that he once led, to contest the complaints process activated 
against him.
A four-day hearing into the case was due to be held next week at the Court of Session in Edinburgh.
But on Tuesday, Judge Lord Pentland ruled that the Scottish Government's actions were "unlawful in respect that they were procedurally 
unfair and that they were tainted with apparent bias".
The court had heard the person who investigated the two complaints of sexual misconduct - which Mr Salmond strongly denies - had 
involvement with the complainers prior to being appointed investigating officer.
Outside the court, Mr Salmond said: "I'm obviously glad, delighted, by the result today.
"The government has made an abject surrender in terms of the case."
He claimed Leslie Evans, the Permanent Secretary to the Scottish Government, was responsible for the "institutional failure" in the handling 
of the complaints, formally lodged in January.
And he warned the case could cost the public purse as much as £500,000.
"Because the process has been agreed as unlawful, as unfair and tainted by apparent bias, then the Scottish Government have had to 
concede on the case and the expenses to the maximum extent," he said.
"That is going to raise a cost to the public purse of many, many hundreds of thousands of pounds."
Mr Salmond added: "The process has already been admitted as unlawful, unfair and tainted by bias. You couldn't get more tainted.
"So when she has got some time for mature reflection, I hope that the Permanent Secretary considers her position, not events in the future.
"I cannot think on a day of abject humiliation for the Scottish Government that seems to me like a correct and proper response."
The former first minister quit the SNP after bringing the legal challenge, but he said today it was now his intention to rejoin the party he had once led.
He added: "I'm not putting out the bunting today. Yes, I'm glad to have won, I'm really really sad to be forced to take this action against a 
government I led for almost eight years."
The funding for the case raised through a controversial crowdfunding campaign which hit £100,000 in three days will be donated to good 
causes, Mr Salmond added.
He said: "I am thankful to the more than 4,000 people who contributed to the crowdfunder for this judicial review, without whose support I 
would not have been able to defend my position."
He stressed he had always maintained his innocence regarding the allegations and believed an ongoing police investigation would determine 
Ms Evans said an internal review would be carried out into the way the complaints process had been handled.
And she said she regretted the "distress" caused to the two women who had brought the complaints.
She stated: "The Scottish Government has acted in good faith at all times and will continue to do so. It was right and proper that these 
complaints were investigated and I stand by the decision to carry out that investigation.
"It is also important to note that the procedural flaw in the investigation does not have implications, one way or the other, for the substance 
of the complaints or the credibility of the complainers.
"The judicial review was never about the substance of the complaints, but about the process that took place to investigate those 
As a result, she said it was open to the Scottish Government to re-investigate the complaints, adding that "subject to the views of the 
complainants, it would be our intention to consider this".
But Ms Evans said this would only be "once ongoing police inquiries have concluded".
Mr Salmond said this was an "extraordinary and desperate" statement as options for this had been available during the case.
He indicated he is considering further legal action against the Permanent Secretary.