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Salmond inquiry: Scotland’s top law officer denies ‘baseless’ claims of interference

Scotland’s Lord Advocate, James Wolffe QC  (PA)
Scotland’s Lord Advocate, James Wolffe QC (PA)

Scotland’s Lord Advocate has rejected “baseless” claims of political interference by the Crown Office into the Alex Salmond inquiry.

Mr Salmond has criticised the Crown Office over its “astonishing’ demand his written evidence to the committee probing the Nicola Sturgeon government’s botched handling of harassment claims be redacted.

The former SNP leader has also called on Lord Advocate – who is both the head of the Crown Office and a member of the Scottish government – to resign over the saga.

However, the Lord Advocate James Wolffe QC denied any wrongdoing on Tuesday – telling MSPs the Crown Office had been motivated purely by a desire “to protect the identity of the complainers” at Mr Salmond’s criminal trial.

“Any suggestion ... that the Crown’s decision-making has at any time been influenced by irrelevant considerations or improper motivations would be wholly without foundation,” Mr Wolffe told the committee. “Insinuation and assertions to the contrary are baseless.”

Challenged by Tory MSP Murdo Fraser on claims of a “cover up” made by Mr Salmond’s supporters, Mr Wolffe said: “The Crown [Office] would not be party to any improper conduct … Any suggestion of improper motive or improper behaviour is the most serious slur.”

It comes as deputy first minister John Swinney admitted legal advice given to the Scottish government revealed concerns about the unlawful investigation of Mr Salmond.

After agreeing to hand over the “key” legal advice following the threat of a no-confidence vote, the SNP minister claimed there were no documents substantiating Mr Salmond’s claims.

The former SNP boss has claimed the Scottish government deliberately delayed conceding the case in the hope a criminal trial would “overtake” his own legal claim against the government.

In a letter ahead of the release of the advice, Mr Swinney admitted there had indeed been legal concerns about the unlawful investigation of Mr Salmond – but claimed there were “good public policy grounds” to not concede the case until January 2019.

Nicola Sturgeon and deputy FM John SwinneyGetty
Nicola Sturgeon and deputy FM John SwinneyGetty

The Lord Advocate had little to say about the advice – saying its publication had been a matter for government ministers to decide.

MSPs on the committee asked Mr Wolffe about Mr Salmond’s allegation that the Scottish government had “ignored” a police warrant ordering it to hand over vital documents ahead of his criminal trial.

Mr Wolffe said the Crown Office was “unaware of the details of the complaint,” saying he would not want to comment “one way or another” on the matter.

Asked if there was an obvious conflict of interest in his combined roles as both the country’s top law officer and legal advisor to Ms Sturgeon’s government, Mr Wolffe said: “The office I hold has combined these functions ever since devolution ... Any suggestion it cannot be held with integrity is wrong.”

Ms Sturgeon appears before the committee on Wednesday morning, where she will be grilled on claims she broke the ministerial code.

The Scottish Conservatives have produced a dossier claiming there are now 14 separate “resignation matters” involving Ms Sturgeon, SNP officials and Scottish government officials related to the Salmond saga.

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