Another court battle looms over Holyrood probe into Salmond

SNP ministers will go to court in a bid to disclose evidence related to a botched investigation into complaints against Alex Salmond.

John Swinney yesterday revealed that the Scottish Government is set to ‘initiate legal proceedings to seek a ruling’ on whether it can disclose certain documents related to the case.

It is understood that the material is related to the investigation into the former First Minister after two formal harassment complaints were made against him in 2018.

A formal objection was made to the release of certain documentation, with concerns that ministers could be in contempt of court after promising not to disclose the evidence.

But in a letter to the Holyrood inquiry examining the botched probe, Mr Swinney said the Government will start legal proceedings to determine whether material can be made public.

Both the Government and Mr Salmond have agreed to release a 120-page court record which contains the pleadings of both sides.

However, objections have been made over the release of all documents – with claims it would be in contempt of court.

A court ruling or a legal ‘requirement’ will allow ministers to release some information.

In a letter to the committee, the Deputy First Minister said there were a number of ‘legal issues’ the Government must consider before publishing documents. He said: ‘The Scottish Government therefore intends to initiate legal proceedings to seek a ruling from the court on whether certain specific documentation which the Scottish Government holds is, or is not, covered by that undertaking.

‘The Scottish Government’s position is in favour of the release of those documents.’

The Holyrood inquiry is examining the Government’s bungled probe into two harassment complaints against Mr Salmond.

Following a judicial review, it was found that the investigation was ‘tainted with apparent bias’. Mr Salmond was awarded more than £500,000 in taxpayers’ cash to cover his legal fees. He was later charged and then cleared of 13 counts of sexual assault following a criminal trial in March this year.

Although the Holyrood probe is not looking at the trial and charges brought against Mr Salmond, his legal team believe some of the evidence obtained may be useful to the inquiry. However, it has also emerged that Mr Salmond has been warned he could face criminal charges if he shares key evidence related to his trial with the inquiry. His lawyers revealed the Crown Office sent a letter reminding them in the ‘strongest terms’ that it would be an offence to release certain material obtained ahead of his trial in March.

The documents were previously ruled inadmissible and could not be used in Mr Salmond’s defence.

He has now been warned not to use them when giving evidence to Holyrood’s inquiry examining the Government’s probe into complaints against him. His solicitors, Levy & MacRae, said the move could have ‘significant implications’ for the inquiry, as it could prevent Mr Salmond’s ability to give meaningful evidence.

They believe the documents are ‘pertinent’ to the work of the Scottish parliament committee.

But in a letter to the firm last week the Crown Office threatened prosecution, highlighting that under Scots law an accused person and their legal team can only use disclosed information for the purpose of the criminal proceedings. The warning was revealed in a letter from David McKie, of Levy & MacRae, to MSPs ahead of a strict deadline for evidence to be shared with the committee.

Mr Salmond had been told to submit all of his evidence by today. Last night the Crown Office declined to comment.