Police did warn government over Salmond probe
Officials not trained to handle situation, inquiry told
POLICE Scotland advised the Scottish Government not to investigate potentially criminal harassment claims – warning staff were not trained to ‘engage with victims’.
Officers told officials that complainants should be directed to ‘appropriate support services’, rather than dealing with the concerns in house.
The advice was given as officials began to probe concerns raised about Alex Salmond.
Deputy Chief Constable Fiona Taylor has written to the inquiry detailing the involvement of Police Scotland.
She revealed that officials raised ‘a number of hypothetical questions’ with the single force about its harassment policy that appeared to be about a ‘specific set of circumstances’.
Communication between the two organisations took place in December 2017 when the Government was drawing up a new complaints procedure.
The revelations in Miss Taylor’s letter have prompted allegations that officials were ‘war-gaming’ for action against Mr Salmond.
Miss Taylor told MSPs in her submission Police Scotland recommended referring complainants to support services. Potential victims would then have been able to decide if they wished to make a criminal complaint by reporting allegations to the police.
The Holyrood inquiry is examining the Government’s investigation which was ruled unlawful and ‘tainted by apparent bias’ after a court challenge by Mr Salmond.
The Government was forced to concede after investigating officer Judith Mackinnon had been found to have had prior communication with the two women who later made official complaints.
It led to the ex-SNP leader being awarded more than £500,000 to cover his legal fees.
Asked about the police input in the Government’s updated harassment complaints policy, Miss Taylor said they advised on December 6, 2017, that ‘where criminality was suspected, individuals should be directed to support and advocacy services to enable them to make informed decisions about whether or not to report matters to the police’.
The Government continued to ask the police questions about the criminal justice process between December 2017 and August 2018.
Miss Taylor wrote: ‘The hypothetical questions suggested more than one victim of potential criminality and as such, it was stressed that – without knowledge of the detail – any risk that a suspect might present could not be properly assessed or mitigated. It was highlighted that [Scottish Government] staff were not trained to undertake such investigations, or to engage with victims.’
She confirmed that on August 21, 2018, the complaints against Mr Salmon were officially referred to the Chief Constable through a Crown Agent. Last night, Scottish Labour interim leader Jackie Baillie said: ‘From the timeline provided by the deputy chief constable it seems obvious the Scottish Government was attempting to stress-test their procedure ahead of taking action against Mr Salmond by war-gaming what the deputy chief constable refers to as “hypothetical questions”.
‘It is also clear that the Scottish Government referred complaints to the police via the Crown Agent, against the wishes of the women involved, and despite the police encouraging the Government to refer complainants to support services as a first port of call.’
Tory MSP Murdo Fraser said: ‘The women at the heart of this scandal were badly let down by basic errors from the Government.’
A government spokesman said it ‘has confirmed to the committee that Police Scotland was consulted on generic issues relating to the handling of complaints and sources of support for complainers in the context of the procedure agreed in December 2017.
‘At this time the Scottish Government was dealing with internal employment matters, not a criminal investigation, and our HR staff are experienced in carrying out investigations on sensitive issues within an employment setting.’
Mr Salmond was cleared of all charges following a criminal trial.