Alex Salmond set to argue his human rights were breached during Scottish Government’s probe into sex pest claims
The former First Minister’s lawyers reckon Nicola Sturgeon’s administration may have flouted legislation that guarantees people a ’fair trial’
ALEX Salmond is set to argue his human rights were breached during the Scottish Government’s probe into sex pest claims against him.
The former First Minister’s lawyers reckon Nicola Sturgeon’s administration may have flouted legislation that guarantees people a “fair trial”.
His legal team are now considering using the argument in a court challenge over the way the government handled the inquiry into harassment complaints by two women.
A source close to Mr Salmond said tonight: “Alex and his legal team are looking at every avenue.
“They are looking at the human rights angle.”
Article 6 of the Human Rights Act 1998 governs criminal trials, but also says a “fair” hearing is required for the determination of “civil rights and obligations”.
But complex European rules say that for Article 6 to apply in civil cases, strict criteria must be met.
Challenges must be about a “serious and genuine” dispute, the row must relate to a “right” recognised under domestic law, and proceedings — in this case, the government’s complaints process — must be “directly decisive” for the right in question.
A legal source not connected to Mr Salmond or the case said: “This is definitely a route that good lawyers would look into. But it could be a difficult case to argue.”
The revelation came as Mr Salmond fired off a complaint to Scotland’s top civil servant, who oversaw the investigation.
He suggested the Scottish Government could have broken the law due to confidential details of the probe being made public by newspapers.
A spokesman for the former Nats leader said Permanent Secretary Leslie Evans had been asked to “confirm or deny” she is refusing to launch a leak inquiry.
He said the letter also raised concerns relating to “breaches in terms of the Data Protection Act”.
He added: “It is manifestly absurd for the Permanent Secretary to claim that her procedure is confidential when it is splashed over the front pages.
“Someone within the Scottish Government has flagrantly and repeatedly breached the requirement for confidentiality and the Permanent Secretary is now required to try to find out who it was.”
The latest row erupted as Ms Sturgeon was quizzed over claims of a “sustained campaign of leaking”.
The First Minister said she was “extremely restricted” in what she could say.
She added: “That includes restrictions on our ability to correct what we would consider to be inaccuracies in other public statements.
“This has been kept entirely confidential within the Scottish Government for eight months now and that is the way it should continue.”
But Labour tabled a series of freedom of information requests seeking details of three meetings Mr Salmond said had taken place with Ms Sturgeon while he was being probed over alleged sexual misconduct.
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Labour MSP Rhoda Grant said: “The people of Scotland expect full transparency over this matter.”
And Tory Annie Wells wrote to Ms Evans asking if the government knew of the bombshell harassment claims before January — when the probe was launched.
Two female civil servants lodged complaints against Mr Salmond, including over an alleged incident at his official residence Bute House in December 2013. Mr Salmond denies the allegations.
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