Swinney: New docs put us in the clear
NEWLY released Scottish Government legal advice appears to contradict Alex Salmond’s claim of a plot to delay a civil case in the hope it would be overtaken by criminal proceedings he faced.
Giving evidence to the Holyrood inquiry into the Government’s handling of complaints last Friday, Salmond claimed the Scottish Government hoped a criminal trial would “ride to the rescue” and prevent its unlawful investigation of him suffering a “cataclysmic” civil court defeat.
In a document, Roddy Dunlop QC and Solicitor Advocate Christine O’Neill, counsel for the Scottish Government, said they could see strength in the argument that the criminal investigation may “make the entire petition pointless”.
Deputy First Minister John Swinney released a first batch of legal advice on Tuesday and more last night.
However, Swinney said the newly released documents make clear it was only considered as an option in order to minimise the impact of the case on the ongoing police investigation.
In a letter dated September 17, 2018, the Lord Advocate said that the other option would be reporting restrictions and that this would be preferable.
He said: “I am satisfied that, if reporting restrictions are competent, these would adequately protect the public interest in any future criminal proceedings.
“On that basis, that would clearly be the preferable and appropriate route, since it would enable the issues raised by the petition to be addressed whilst protecting any future criminal process.”