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Scottish government’ legal advice warned Salmond probe was unlawful

DEPUTY First Minister John Swinney admitted to the committee of MSPs investigating 2018’s bungled probe into harassment complaints against former first minister Alex Salmond today that the Scottish government’s legal advice had warned about the unlawful investigation into Mr Salmond.   

However, he claimed there had been “good public-policy grounds” to not concede a judicial review until the week before Mr Salmond’s court case.

Now under threat of a no-confidence vote, Mr Swinney has agreed to hand over the legal advice and acknowledged that reservations had been raised by government lawyers about the way allegations were investigated.

The minister, who is leading the government’s response to the committee after Nicola Sturgeon recused herself, suggested he had agreed to release advice over concerns the allegations “could impact negatively on public confidence.”

The government investigation into sexual-harassment allegations against Mr Salmond was found to be unlawful, unfair and “tainted by apparent bias” because of prior contact between the investigating officer and two complainers.

Mr Swinney told the inquiry that no documents had been identified supporting Mr Salmond’s accusation that the government deliberately delayed conceding in the hope that a criminal trial would “overtake” his judicial review.

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