Sturgeon apology after judge rules Salmond case ‘unlawful’
NICOLA Sturgeon has apologised after a judge ruled a Scottish Government investigation into sexual harassment claims against Alex Salmond was “unlawful”.
The First Minister however, also said the probe could be re-opened once a police investigation is complete.
The case was heard at the Court of Session with lawyers for Mr Salmond arguing the investigating procedure was flawed because of the prior contact between the investigating officer and the complainers which was said to amount to “encouragement”.
The judge Lord Pentland said the government’s decisions were “unlawful in respect that they were procedurally unfair and that they were tainted with apparent bias”.
Ms Sturgeon gave a statement to Holyrood following the decision
She said the ruling was not about the nature of the complaints but how they were investigated.
She said: “There are no implications for the substance of the complaints or the credibility of the complainers. The decision today is about process not substance.”
Ms Sturgeon said the prior contact between the investigating officer and the complainers was to provide “welfare support and guidance” and she said that was “legitimate and appropriate”.
She said she deeply regretted the outcome but said it was the right decision to investigate the complaints.
She said she had: “Regret for the difficult position the complainers have been placed in.
“They had every right to expect the process to be robust and beyond reproach. I’m sorry that has not been the case.”
Mr Salmond re-stated that he has not guilty of any criminality and has called for Scotland’s top civil servant Leslie Evans, Permanent Secretary to resign.
He said: “I’m obviously glad, delighted, by the result today.
“The government has made an abject surrender in terms of the case.
“Because the process has been agreed as unlawful, as unfair and tainted by apparent bias, then the Scottish Government have had to concede on the case and the expenses to the maximum extent.”
“So, when she (Ms Evans) has got some time for mature reflection, I hope that the Permanent Secretary considers her position, not events in the future.
“I cannot think on a day of abject humiliation for the Scottish Government that seems to me like a correct and proper response.”
Ms Evans issued a statement following the hearing.
She said: “This action is being taken because it has become clear that, in one respect only (albeit an important one), the investigation was procedurally flawed.”
It is not the nature of the allegations that have been decided on but the procedure put in place by the Government to investigate the complaints made against the former First Minister.
Ms Evans said the complaints could be looked at again.
She said: “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.
“It is accordingly open to the Scottish Government to re-investigate the complaints and, subject to the views of the complainants, it would be our intention to consider this – however, this will only be once ongoing police inquiries have concluded.”