THE £692k SALMOND CASE SNUB
Sturgeon ignored crucial legal warning
Nicola Sturgeon received legal advice her Government would lose its court battle with Alex Salmond months before spending £692,000 fighting his judicial review.
Roddy Dunlop QC was asked for an opinion on the former SNP leader’s challenge to an investigation over sexual misconduct claims in October 2018.
Sources said his response was that the First Minister’s predecessor would be likely to win. But the Scottish Government rejected his guidance and went ahead with the doomed case.
Nicola Sturgeon received legal advice that her Government would lose in court to Alex Salmond months before blowing £ 692,000 fighting his judicial review.
Scotland’s most senior lawyer Roddy Dunlop QC was asked for an opinion on the former first minister’s challenge to a sexual harassment probe in October 2018, the Sunday Mail understands.
Sources have confirmed his response was that the former SNP leader would be likely to win.
But the Scottish Government rejected the advice on October 31 and forged ahead with the case – before conceding in January 2019 at a huge cost to taxpayers.
Labour ha s said Sturgeon’s decision not to end the legal fight after receiving the advice could represent a breach of the Ministerial Code, as she has a duty to uphold the administration of justice and comply with the law.
Salmond had the result of the harassment probe against him quashed after a judge ruled it was unlawful and “tainted by apparent bias”. It was discovered that Judith Mackinnon, the lead investigating of f icer for the Government, had been in prior contact with the two complainers.
The public were forced to pick up a £512,000 bill for Salmond’s legal fees along with a further £180,000 that ministers spent on their own lawyers.
FM Sturgeon and Salmond are set to give evidence to a Holyrood committee investigating the debacle.
Sturgeon is facing calls to quit if the Ministerial Code was broken and a furious battle is raging within the SNP over allegations senior
April. Dunlop threatened to withdraw from the Government’s legal team unless it collapsed the case against Salmond.
He and Junior Counsel , Christine O’Neill QC, were preparing to make the move “in light of their professional duties” 11 days before the Government admitted defeat.
After his victory, Salmond was charged by police with 14 offences including two attempted rapes, nine sexua l assaults, two indecent assaults and one of breach of the peace.
He was cleared of all charges on March 23 last year after a two-week t r ial at the HiHigh Court in EdEdinburgh.
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The SN P leader is fafacing further a l legat ions ovover meeting with Salmond at her home, which should have been recorded if they were to discuss Scottish Government business rather than party affairs.
The Sunday Mail understands text messages which have not been released show one of the meetings was set up by a senior Scottish Government employee.
Sturgeon initially told Holyrood she first heard of the sexual misconduct complaints against her predecessor when they met at her home on April 2, 2018.
But it later emerged that she discussed the allegations with Salmond’s chief of staff Geoff Aberdein in her Holyrood office four days earlier.
Sturgeon has said that she “forgot” about the encounter with Aberdein.
Kenny MacAskill, SNP MP for East Lothian, has alleged text messages are being suppressed which show a group hostile to Salmond discussed how they could encourage a reluctant alleged victim to give evidence.