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Scottish government's handling of Salmond complaints unlawful, court rules

Alex Salmond outside the Court of Session in Edinburgh
Alex Salmond outside the Court of Session in Edinburgh

The Scottish government's handling of sexual misconduct allegations against former first minister Alex Salmond was unlawful, Scotland's highest civil court has ruled.

At a hearing in the Court of Session in Edinburgh, Judge Lord Pentland said the decisions were "unlawful in respect that they were procedurally unfair and that they were tainted with apparent bias".

He spoke out after the court heard the person who investigated the complaints of sexual misconduct, which are strongly denied by Mr Salmond, had involvement with the complainers prior to being appointed investigating officer.

Scotland's most senior civil servant, Permanent Secretary Leslie Evans, said an internal review would be carried out by the Scottish government.

She said: "The single procedural flaw which led to this decision is deeply regrettable. In particular, I regret the distress it will cause to the two women who raised the complaints.

"The Scottish government has acted in good faith at all times and will continue to do so. It was right and proper that these complaints were investigated and I stand by the decision to carry out that investigation.

"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.

"The Judicial Review was never about the substance of the complaints, but about the process that took place to investigate those complaints."

As a result she said it was open to the Scottish government to re-investigate the complaints, adding that "subject to the views of the complainants, it would be our intention to consider this".

But Ms Evans said this would "only be once ongoing police inquiries have concluded".

Speaking outside the court after the ruling, Mr Salmond thanked his family and friends "for standing with me over the last few months".

He said he would be writing to the "more than 4,000 people" who contributed to a crowdfunding campaign to support his legal bid, with any surplus money going to charity.

Mr Salmond said: "The last time I was in that court, it was to be sworn in as first minister of Scotland. I never thought at any point I would be taking the Scottish government to court.

"While I'm glad about the victory, I'm sad that it was necessary to take this action."

Mr Salmond said leaks about the case were "deliberate and malicious".

Concluding his statement, he said: "Back in August when I made my last comments on these matters, I said that the process used against me was unfair, unlawful and tainted by bias.

"I also said that I was not guilty of any criminality. The first of these has been established, the second is to come.

"But a former first minister of Scotland requiring to take the administration of the Scottish government to court to establish that point should not have been necessary.

"And the person responsible for that - that institutional failure, the permanent secretary to the Scottish government - should consider her position and take the appropriate action."

Responding to a reporter's question asking if he was "entirely innocent" of any claims of sexual misconduct, Mr Salmond said: "I am certainly not guilty of any criminality.

"I am certainly not guilty of what the permanent secretary has suggested. I never said, incidentally, I was an angel."