ALEX Salmond has been warned he faces prosecution over the the release of evidence to the Holyrood inquiry into his legal battle with the Scottish Government.

The First Minister’s legal team said they had received a letter from the Crown Office reminding them "in the strongest terms" that it would be a “criminal offence” to release certain restricted material.

Mr Salmond’s lawyer said it could have “significant implications” for the inquiry, as it hamstrung Mr Salmond’s ability to give meaningful evidence.

David McKie, of Glasgow firm Levy & McRae, said: “Our client cannot realistically therefore provide a statement or documents which are partial and piecemeal. 

“Any meaningful statement necessarily will involve reference to a large amount of the material which he is not permitted to release.”

Mr McKie told MSPs earlier this month that Mr Salmond had material obtained during his criminal trial that could be relevant to their inquiry. 

He said it was Mr Salmond’s “intention to make submissions on those documents as part of the wider submission he wishes to make to the committee”.  

However the offer prompted a severe response from prosecutors at the Crown Office. 

In a new letter released today by the inquiry, Mr McKie said: “In light of publication of our letter of 4th September, we think it important to draw to your attention a letter we received directly in response last week from the Crown, which appears to have significant implications for this committee's remit. 

“The Crown have reminded us in the strongest terms of the legal restrictions which we have referred to in our correspondence to date. 

“The Crown identify that it would constitute a criminal offence for us to release certain material obtained as part of the disclosure in the trial. 

“Both our client and we absolutely have no alternative but to respect that obligation.”

The Holyrood inquiry is investigating how the Scottish Government botched an in-house probe into sexual misconduct claims against Mr Salmond in 2018.

The former First Minister overturned it in a judicial review by showing it had been unfair, unlawful and “tainted by apparent bias”, leaving taxpayers with a £500,000 bill for his costs.

Immediately after the collapse of the Government’s civil case in January 2019, Ms Sturgeon told MSPs any future inquiry “will be able to request whatever material they want, and I undertake today that we will provide whatever material they request”. 

However her Government has since refused to hand over swathes of evidence related to the judicial review by asserting “legal privilege” and tried to stop witnesses from testifying.

Shortly after his judicial review win, Mr Salmond was charged with sexual assault, leading to a criminal trial this year at which he was acquitted on all 13 counts.

Although the Holyrood inquiry is not looking at the trial, Mr Salmond has said that material obtained for his defence is relevant to its work - and it is this material which the Crown is blocking. 

Mr McKie said the Crown Office and Scottish Government had more leeway than his client in what they could disclose to the inquiry.

His letter went on: “Pertinent material exists which was secured in the process of the trial via warrant served on the Scottish Government by the Crown. 

“Our client cannot realistically therefore provide a statement or documents which are partial and piecemeal. 

“Any meaningful statement necessarily will involve reference to a large amount of the material which he is not permitted to release (and in some cases even access or refer to). 

“The exercise of sifting material which is not protected by such restrictions is a complex and lengthy one which requires legal input. The costs associated with that are prohibitive. 

“Our client remains committed to assisting the committee where he lawfully can. 

“His position remains of supporting maximum disclosure within the constraints of the existing court orders and undertakings. We have made our proposals as to how best the committee can achieve the necessary recovery of evidence. We await your substantive response on how and when that is to be achieved, particularly in light of this latest letter from the Crown.”