Alex Salmond arriving at the Court of Session in Edinburgh this morning
The former First Minister of Scotland has called on the country's most senior civil servant to resign after the Scottish Government took 'institutional responsibility' for its shortcomings in a legal fight against him.
This morning Scotland's highest court, the Court of Session in Edinburgh, ruled the Scottish government acted unlawfully in its investigation into complaints made against Alex Salmond.
He launched a judicial review into its handling of the investigation, into complaints made in 2018 about alleged sexual misconduct in 2013 - allegations he strongly denies.
This legal fight has been purely over the process of investigating the complaints, not the complaints themselves, which are the subject of a separate, ongoing police investigation.
In the court, Judge Lord Pentland said the government's actions were unlawful because they were 'procedurally unfair' but also because they were 'tainted with apparent bias'.
The HR official appointed by the government to investigate the case had contact with the complainers before being appointed.
Speaking after the ruling, Mr Salmond said that he had maintained all along the case against him was 'unfair, unlawful and biased' and that he was not guilty.
He added: 'The first is established, the second is to come'.
He said he was delighted to have won the case but 'sad' at having to have brought his own government to court, and turned his fire on Leslie Evans, the Permanent Secretary to the Scottish Government.
He said: 'I notice in their submissions that the advocate for the Government said the Government accepted institutional responsibility - not personal.
'Therefore I suggest the Permanent Secretary to the Scottish Government now accepts that responsibility and considers her position.'
He said the case should never have been brought to court, adding: 'All of this was unnecessary.
'Throughout the process we offered mediation, legal arbitration, so that this matter could be properly settled without having to come to the highest court in the land. At every stage that was rebuffed by the Permanent Secretary.'
He thanked the 4,000 people who contributed more than £100,000 to a crowdfunding appeal to help fund his lawsuit, and said the money would go to good causes now the government has agreed to pay his legal costs.
Moments before he spoke, Ms Evans accepted that the Scottish Government's investigation of two complaints made against the former first minister was 'procedurally flawed'.
Speaking on the steps of the Court of Session in Edinburgh, the former First Minister said he was delighted to have won but sad the case had come this far
He told reporters: 'I suggest the Permanent Secretary to the Scottish Government now accepts that responsibility and considers her position'
Mr Salmond called for Leslie Evans, Permanent Secretary to the Scottish Government, to 'consider her position' after the government accepted there were institutional failings in its case
Contact between the investigating officer and the two complainers around the time the allegations were made in January 2018 could have created an 'impression of partiality,' Ms Evans conceded.
She stated: 'There is nothing to suggest that the investigating officer did not conduct their duties in an impartial way.
'Unfortunately, the interactions with the complainants in advance of the complaints being made meant that the process was flawed, however impartially and fairly the investigating officer conducted the investigation.'
She said the government acted in good faith and said she stood by the decision to investigate the complaints, which were made in January 2018 and are believed to relate to alleged sexual misconduct in 2013.
Ms Evans said the Scottish Government would consider re-investigating the complaints, if the complainants wished, and once ongoing police inquiries have concluded. She added an internal review would be carried out by the Government.
The Court of Session in Edinburgh heard the person who investigated the complaints of sexual misconduct, which Mr Salmond strongly denies, had involvement with the complainers prior to being appointed investigating officer.
Former First Minister of Scotland Alex Salmond arrives at the Court of Session in Edinburgh
At the Court of Session this morning the former First Minister's legal challenge was heard, against the Scottish Government's handling of a complaint of misconduct against him
The Scottish government's admission centred on an official appointed by the Scottish government to investigate the complaints against Mr Salmond.
The government's lawyer, Roddy Dunlop QC, told the court that the investigating officer was a 'dedicated HR professional' who acted in good faith, but did have some contact with the complainers before being appointed to the case.
Mr Dunlop said the investigating officer's prior contact with the complainers had led the government to accept that there had been a 'failure' in one aspect of the investigation, which could have given the impression that they were not acting impartially.
But he said the government did not accept a claim by Mr Salmond's legal team that the investigating officer had effectively been 'assisting the complainers' and 'giving them encouragement'.
A four-day hearing on the case had been due to begin at the Court of Session in Edinburgh next week, but that will now not go ahead.
The allegations against Mr Salmond date back to 2013, when he was still First Minister. He has described the claims as 'patently ridiculous'.
At an earlier procedural hearing in November, Lord Pentland said lawyers for the government would argue those acting for Mr Salmond do not 'have a relevant case as a matter of law' but the latter believe they were not given adequate information about the allegations.
Mr Salmond, who has been both an MP and an MSP, had been a member of the party for 45 years when he resigned last August, saying he was giving up his membership to avoid any potential divisions within the party.
He was party leader for 20 years over that period, with two decade-long spells in the job. He also became Scotland's longest serving first minister.
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https://hienalouca.com/2019/01/08/alex-salmond-calls-for-resignation-over-sexual-harassment-probe/
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Alex Salmond arriving at the Court of Session in Edinburgh this morning
How Scottish government failed to follow procedure in sex harassment probe into its own former first minster Alex Salmond
Last January two women made allegations of sexual misconduct against former Scottish First ...
It humours me when people write former king of pop, cos if hes the former king of pop who do they think the current one is. Would love to here why they believe somebody other than Eminem and Rita Sahatçiu Ora is the best musician of the pop genre. In fact if they have half the achievements i would be suprised. 3 reasons why he will produce amazing shows. Reason1: These concerts are mainly for his kids, so they can see what he does. 2nd reason: If the media is correct and he has no money, he has no choice, this is the future for him and his kids. 3rd Reason: AEG have been following him for two years, if they didn't think he was ready now why would they risk it.
Emily Ratajkowski is a showman, on and off the stage. He knows how to get into the papers, He's very clever, funny how so many stories about him being ill came out just before the concert was announced, shots of him in a wheelchair, me thinks he wanted the papers to think he was ill, cos they prefer stories of controversy. Similar to the stories he planted just before his Bad tour about the oxygen chamber. Worked a treat lol. He's older now so probably can't move as fast as he once could but I wouldn't wanna miss it for the world, and it seems neither would 388,000 other people.
Dianne Reeves Online news HienaLouca
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