Alex Salmond latest: What is happening with his Scottish Government evidence?
Video report by ITV News Scotland Correspondent Peter Smith
Alex Salmond has questioned the Crown Office’s “unprecedented and highly irregular actions” after it intervened to have his evidence redacted a day before he was due to give evidence to the parliamentary inquiry into the Scottish Government’s unlawful investigation of sexual harassment claims against him.The former first minister's legal team are calling for the Lord Advocate to explain the “astonishing” intervention that led to the Scottish Parliament redacting swathes of his evidence to the inquiry investigating the handling of complaints made against him.
Mr Salmond’s written evidence, accusing First Minister Nicola Sturgeon of misleading Holyrood and breaching the ministerial code which she denies, was redacted following a letter from the Crown Office expressing concern about possible contempt of court.
A spokesman for Mr Salmond said his lawyers will also ask the Crown Office – the body responsible for prosecuting crimes in Scotland – to not destroy any possible evidence about the decision to intervene.
The evidence, which also described the Crown Office as "simply not fit for purpose" was published by parliament on Monday evening before it was replaced with a version with five sections redacted on Tuesday.
“In light of this astonishing decision to intervene at the eleventh hour and in light of the timing, Mr Salmond asked the committee to defer his evidence by 48 hours to enable his legal team to consider the full implications of this extraordinary intervention,” Mr Salmond’s spokesperson said.
“Mr Salmond has now asked his lawyers, Levy & McRae, to write to the Lord Advocate as the head of the Crown Office to ask for an explanation for the Crown’s unprecedented and highly irregular actions.”
What does this mean for the inquiry?
The latest developments prompted Mr Salmond to pull out of his scheduled appearance to give oral evidence to the Holyrood inquiry that is examining the Scottish Government’s unlawful investigation of sexual harassment allegations made against him.
However, he has offered to attend on Friday instead.
Mr Salmond's statement, issued on Wednesday morning, reveals questions that Mr Salmond’s lawyers will put to Lord Advocate James Wolffe – head of the Crown Office and a member of the Scottish Government.
They include demands for him to explain the legal basis for the crown’s intervention, questions over whether the legal position about the evidence has changed and why, and whether there were any representations made to the Crown Office.
The spokesperson added: “Mr Salmond has instructed his lawyers to request specifically that the crown preserve and retain all material and communications with all or any third parties which led to their decision to intervene at the very last minute just as he was set to give his evidence.”
Scottish Labour interim leader and member of the Committee on the Scottish Government’s Handling of Harassment Complaints, Jackie Baillie called for the Lord Advocate to answer an urgent question in parliament about the decision to redact Mr Salmond’s submission.
Peter Smith discusses the inquiry with presenter Tom Bradby
Ms Baillie said: “The credibility of the inquiry into the Scottish Government’s handling of harassment complaints, and indeed the credibility of the entire Parliament, hangs in the balance.
“The Crown Office’s unprecedented intervention yesterday demands explanation – we cannot have this Parliament cowed into submission by the will of the Crown Office.
“The Lord Advocate must appear before the parliament to explain the actions of the Crown Office immediately.”
Parliament’s Presiding Officer has since allowed an urgent question to be asked of the Scottish Government on Wednesday afternoon, about whether the Lord Advocate “was consulted about the letter from the Crown Office to the Scottish Parliamentary Corporate Body in relation to the evidence from Alex Salmond published by the Parliament”.
Lord Advocate Wolfe appeared before the Committee at 3.50pm on Wednesday to answer questions.
Why was the committee established?
The Committee on the Scottish Government Handling of Harassment Complaints was set up to look into the Scottish Government investigation of the allegations against the former first minister.
MSPs have so far taken evidence from civil servants, including repeated sessions from Permanent Secretary Leslie Evans, trade unions and SNP chief executive Peter Murrell – who is First Minister Ms Sturgeon’s husband.
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Why did Mr Salmond take legal action?
The former first minister did not feel his treatment by the Scottish Government was fair.
It was later found that the lead investigator of the complaints had prior contact with some of the female complainers, with Judge Lord Pentland saying the investigation was “tainted with apparent bias”.
How has the inquiry gone so far?
The committee has repeatedly voiced frustration with how slow the handing of evidence has been from a number of parties.
The Scottish Government was accused of obstruction last year, with the committee saying it was “completely frustrated” with the lack of evidence.
Both the committee and the Scottish Government were at loggerheads over legal advice provided as part of the judicial review process.
MSPs wanted to know when the Scottish Government was advised it would likely lose the challenge raised by Mr Salmond, but ministers said handing over the advice would breach the ministerial code.
On two occasions, MSPs voted for the evidence to be released, with a deal eventually being struck in December to reveal the advice only to MSPs on the committee.
Didn’t Mr Salmond face trial on sexual misconduct charges?
Yes. The former first minister was cleared of 13 charges at the High Court in Edinburgh in March last year after being arrested in January 2019.
Mr Salmond was awarded a £512,250 payout after he successfully challenged the lawfulness of the government investigation.
What were the issues with Mr Salmond’s evidence?
Mr Salmond and the committee have been wrangling in recent weeks over evidence published by the inquiry.
Earlier this month, the former first minister said he would not appear after the committee decided not to publish his submission to a separate investigation into whether Nicola Sturgeon breached the ministerial code over fears it may identify some of the complainers in Mr Salmond’s criminal trial last year.
However, an alteration made to a court order by Judge Lady Dorrian meant the evidence could potentially be made public.
While the committee voted against publication, the Scottish Parliamentary Corporate Body (SPCB) made the decision to publish anyway.
The evidence, which was released on Monday evening, was online for less than 24 hours before the Crown Office raised concerns with Holyrood about it, asking for redactions to be made.
In his submission, the former first minister accused some in the Scottish Government and SNP of a “malicious and concerted attempt to damage my reputation and remove me from public life in Scotland”.
Ms Sturgeon said her predecessor did not have “a shred of evidence” to support his claims.
On Tuesday morning, the submission was re-released, with a number of paragraphs relating to the set-up of a meeting between Mr Salmond and his successor redacted.
Is the committee inquiry the only investigation into the matter?
No. Ms Sturgeon is currently under investigation by James Hamilton QC to establish if she breached the ministerial code.
Ms Sturgeon referred herself after being accused of misleading Parliament over when she knew of the complaints against Mr Salmond.
She previously said she had been told about the allegations by Mr Salmond himself during a meeting in her home on April 2, 2018.
However, it was later found that Mr Salmond’s former chief of staff Geoff Aberdein had met with the First Minister in her Holyrood office four days prior to that, where she was told of the complaints.
Will Nicola Sturgeon appear before the committee?
The First Minister is expected to appear before the committee next week and has repeatedly said she looks forward to being able to present her side of the story.
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