Round one to Salmond in sex claims legal battle
ALEX Salmond has won a legal victory over the Scottish Government by forcing it to unlock emails and notes relating to sexual harassment claims made against him.
The former First Minister’s lawyers insisted the documents needed to be examined without redactions because they could throw into question how the complaints were investigated.
Mr Salmond is taking legal action against the Government over how it handled allegations of sexual misconduct from two women, which he strongly denies.
His legal team insist the process was unfair, and argue the civil servant appointed to investigate the complaints was biased because she had prior knowledge of them.
Judge Lord Pentland ruled a batch of emails and notes will now be handed to an external commissioner, Morag Ross, QC, to decide whether their contents are relevant.
They were previously substantially redacted by the Scottish Government, which argued the documents are covered by a confidentiality agreement.
Lord Pentland said: “Essentially, I’m satisfied it is in the interest of justice for this to be done.
“I have given careful consideration to the fact the respondent gave qualified assurance of confidentiality
to Ms A and Ms B. The law is clear and this was, I understand, expressed to the complainers that such assurance can never be definitive. This is an appropriate case for the confidentiality undertaking to be overwritten by the court.”
However he said the identity of the two women – known simply as Ms A and Ms B – will be “fully protected”.
The documents released in full to the commissioner include emails sent in January and notes from a meeting between one of the complainers and a senior Scottish Government official on November 22 last year.
Ronnie Clancy, QC, representing Mr Salmond, had earlier rebuffed assurances from the Government’s lawyer that their contents did not reveal anything new.
He said the pledge was a “quite remarkable turn of events given the very guarded and defensive position that the respondents have adopted up until now”.
He added: “I refuse to accept without sight of these documents that they contain nothing more than we know already.”
It comes after two complaints were lodged against the former first minister in January this year.
Mr Salmond, 63, strongly denies harassment and the ensuing row has pitted him against the Government led by his protege Nicola Sturgeon.
His judicial review will be heard in full over four days from January 15.
During a procedural hearing at the Court of Session, it emerged Scottish ministers have disclosed 300 documents in relation to the case.
Further disclosures – including hand-written notes and text messages between one of the complainers and a civil servant – were released to Mr Salmond’s team at 5.20pm on Thursday.
Mr Clancy said the documents showed Scottish Government official Judith Mackinnon was appointed to investigate the complaints despite having prior knowledge of them.
He said Ms Mackinnon had previously spoken to one of the complainers and met the other, and was identified as the “point of contact” for one of the women.
She was also sent an internal email about one of the complaints.this is despite HR rules stipulating the investigating officer should have no prior involvement in the matter, Mr Clancy said.
He insisted the “full extent” of Ms Mackinnon’s prior knowledge needed to be made clear, adding:“we need to see the material for ourselves.”