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The National (Scotland)
The National (Scotland)
National
Gregor Young

Alex Salmond's court case against the Scottish Government to continue

THE court case against the Scottish Government launched by Alex Salmond last year is set to continue, according to friends of the former first minister.

Police Scotland has also confirmed to The Herald that a criminal investigation into evidence given by a senior Scottish Government civil servant to a Holyrood inquiry about how complaints against Salmond were handled remains ongoing.

A spokesperson for Police Scotland said: “We are investigating a complaint in relation to evidence provided to a Scottish Parliament committee.

“These enquiries are ongoing and we are unable to comment further.”

The 69-year-old Salmond died suddenly on Saturday after giving a speech at a conference in North Macedonia. 

It is believed the Alba Party leader suffered a suspected heart attack.

Tributes have poured in from across the political spectrum with friends and political allies of Salmon stating the civil action against the Scottish Government will continue despite his death.

At the time of his death, Salmond was pursuing legal action through the Court of Session and Police Scotland following his acquittal of charges of sexual assault at the High Court in Edinburgh in 2020.

The action related to a flawed Scottish Government investigation into the complaints levelled against him.

In August, Salmond's lawyer Gordon Dangerfield told the Court of Session that Salmond was seeking "significant damages" and compensation for loss of earnings that could stretch into the millions.

Alex Salmond leaves the High Court in Edinburgh where he was acquitted of all charges of sexual assaultAlex Salmond leaves the High Court in Edinburgh where he was acquitted of all charges of sexual assault (Image: Jane Barlow/PA Wire) Various former and current civil servants are accused of “malfeasance”, with Dangerfield arguing that they “conducted themselves improperly, in bad faith and beyond their powers, with the intention of injuring Mr Salmond”.

Speaking to the BBC on Sunday, former SNP MP Joanna Cherry said: "I think it's very important to remember that the two major court cases in which Alex was involved, Alex was acquitted, found innocent on all the charges, all the criminal charges against him, and in relation to the Scottish Government's investigation, the court said it was void because it was tainted by apparent bias.

“Now, of course, Alex has an outstanding civil action and there are outstanding criminal investigations which we can't say very much about. I think it's a terrible tragedy that Alex has died before he was able to be completely vindicated, but I believe that time will vindicate his name."

In his tribute, acting Alba Party leader Kenny MacAskill also alluded to court action continuing.

He said: "His legacy lives on and has benefitted Scotland immensely with infrastructure and other social and economic gains testifying to that.

“The actions of individuals and later administrations undoubtedly took their toll upon him. Courts will still rightly decide upon the actions of individuals whose behaviour towards him was deplorable and shameful.”

The former Tory minister and MP David Davis said he was due to meet with Salmond on Sunday to discuss the Court of Session case.

"His death came a day before I was due to meet with him to discuss the next round in dealing with both the Scottish Government’s malevolent actions against him and the failure of the rule of law in Scotland," he wrote.

"I will, in his memory, continue the battle to ensure that justice is done.

Alex Salmond makes his opening statement to the Scottish Parliament Harassment committeeAlex Salmond makes his opening statement to the Scottish Parliament Harassment committee (Image: Andy Buchanan/PA Wire) “And it will be Alex Salmond’s victory when we achieve the protection of privilege for the Scottish parliament, when we get proper separation of powers between the Executive and the Scottish judicial process, and when we force a duty of candour for the first time on the Scottish Government."

Salmond was awarded more than £500,000 after a court found that the Scottish Government’s investigation into to complaints of sexual harassment against him was unlawful and “tainted by apparent bias”.

Following the case, he was charged with sexual assault by Police Scotland and was later acquitted of all charges.

A Holyrood inquiry was then launched into the Scottish Government’s investigation, with Salmond telling MSPs that he felt there was a “malicious and concerted” attempt to imprison him.

He also stated that allies of his former protégé Nicola Sturgeon were involved in efforts to smear his reputation.

Sturgeon said that allegations she plotted against Salmond were “absurd” and “not based in any fact”.

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