The Scottish Government’s handling of sexual misconduct allegations against former first minister Alex Salmond was unlawful, Scotland’s highest civil court has ruled.
At a hearing in the Court of Session in Edinburgh, Judge Lord Pentland said the decisions were “unlawful in respect that they were procedurally unfair and that they were tainted with apparent bias”.
He spoke out after the court heard that the person who investigated the complaints of sexual misconduct – which are strongly denied by Mr Salmond – had involvement with the complainers prior to being appointed investigating officer.
A police investigation into the allegations is continuing.
Scotland’s most senior civil servant, Permanent Secretary Leslie Evans, said an internal review would be carried out by the Scottish Government.
She said: “The single procedural flaw which led to this decision is deeply regrettable. In particular, I regret the distress it will cause to the two women who raised the complaints.”
Ms Evans 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 complaints.”
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”.
Head of Scots civil service says “an impression of partiality could have been created”. Leslie Evans will likely face calls to resign
— Gareth McPherson (@C_GMcPherson) January 8, 2019
Media and tourists gathering to see Salmond react to Court of Session declaring SG’s complaints handling unlawful pic.twitter.com/jIJmh4GXP4
— Gareth McPherson (@C_GMcPherson) January 8, 2019
Speaking outside the Court of Session after the ruling, Mr Salmond thanked his family and friends “for standing with me over the last few months”.
He said he would be writing to the “more than 4,000 people” who contributed to a crowdfunding campaign to support his legal bid, with any surplus money going to charity.
He said: “The last time I was in that court, it was to be sworn in as first minister of Scotland. I never thought at any point I would be taking the Scottish Government to court.
“While I’m glad about the victory, I’m sad that it was necessary to take this action.”
Mr Salmond said there was an “unnecessary” cost on the public purse.
He said: “All of this was unnecessary. Throughout the process we offered mediation, legal arbitration, so that this matter could be properly settled without having to come to the highest court in the land. At every stage that was rebuffed by the Permanent Secretary.
“I notice in their submissions that the advocate for the Government said the Government accepted institutional responsibility – not personal. Therefore I suggest the Permanent Secretary to the Scottish Government not accepts that responsibility and considers her position.”
