Now a third civil servant admits error in evidence

THE senior official at the heart of a botched probe into sexual harassment complaints against Alex Salmond has apologised for misleading parliament.

Judith MacKinnon was forced to write to MSPs admitting she had ‘inadvertently’ provided an incorrect answer under oath during an evidence session on Tuesday.

Mrs MacKinnon was the Scottish Government’s investigating officer for the inquiry into two complaints against Mr Salmond.

It is the third time a Scottish Government civil servant has had to correct evidence given to the inquiry.

The findings of this were set aside following a judicial review which found the Government’s process had been unlawful and ‘tainted by apparent bias’.

According to the procedure for dealing with complaints, the investigating officer should have ‘had no prior involvement with any aspect of the matter being raised’.

But Mrs MacKinnon was appointed to the role despite having spoken with two women who brought complaints against the former First Minister.

On Tuesday, Labour MSP Jackie Bailli e asked Mrs MacKinnon whether she had told ‘either of the complainants that you were going to be appointed the investigating officer before the appointment actually happened?’.

Mrs MacKinnon said: ‘I did not tell them that. At that point in time, I did not know that that would be the case.’

However, she has now written to the committee to clarify that she did tell one of the complainants – Ms B – she was ‘likely’ to become the investigating officer.

She said: ‘I have inadvertently provided an incorrect response to a question asked by Miss Baillie about whether I had advised any of the complainants that I was going to be appointed as the Investigating Officer prior to that appointment being confirmed.’

Writing to ‘correct the record’, Mrs MacKinnon said: ‘Having reviewed the answer I provided against my records, I can confirm to the committee that in an email I sent to Ms B, I gave an indication that I would likely be the Investigating Officer.’

She said that in the message to the complainant she provided ‘advice about the process that would apply if a formal complaint was raised’.

Mrs MacKinnon added: ‘As part of that advice, I indicated that she would be interviewed and that the interview was “likely to be led by myself”.’

Mr Salmond won a l egal challenge against the Scottish Government over the botched investigation at a cost of more than £500,000 to taxpayers.

Scottish Labour deputy leader

Miss Baillie said: ‘It is shocking that senior civil servants come before the committee and fail to give candid answers.’

A Scottish Government spokesman said: ‘Mrs MacKinnon has apologised for inadvertently giving an i ncorrect answer.’

Yesterday, Miss Sturgeon gave her approval for an investigation into her role in the handling of complaints against Mr Salmond to be widened.

At First Minister’s Questions, she said she did not think James Hamilton, who is carrying out the investigation, should be ‘restricted’ in his work.

PAUL THOMAS IS AWAY