Correspondence shows Scottish government’s persistence in doomed legal case

James Wolffe QC

The documents indicate that a senior lawyer was “very concerned indeed” about the October 2018 case, with counsel for the government urging it to concede defeat by 6 December.

It did not do so, however, until January 2019, when it had to pay Mr Salmond’s legal fees, which amounted to more than £500,000, after it admitted its investigation into the harassment allegations against the former first minister had been unlawful.

The civil servant whose job it was to investigate the complaints had already had prior contact with the complainers, forbidden by procedure.

Lord Advocate James Wolffe yesterday said that “any suggestion from any quarter” that the Crown Office had not acted independently in respect of the Salmond inquiry “would be wholly without foundation”.

He said the Parliament had been “right” to redact one of Mr Salmond’s written statements after the Crown Office raised concerns that “certain parts of the submission were liable to be a breach of a court order”.

He added: “Mr Salmond has stated that the Crown has tied his hands in respect of the use of information that he holds - it is the law, not the Crown, that stays his hands.”

He also denied his role posed a conflict of interest.

Mr Wolffe said: “My fundamental responsibility is to the rule of law and the administration of justice - that fundamental principle underpins all of the functions I have.”