Salmond inquiry: Crown Office hands over 'bombshell' evidence

The move follows the Scottish Parliament taking the unprecedented step of using its power to compel the production of documents last week.

Mr Salmond has long tried to have material from the trial, including WhatsApp messages involving senior SNP staff and government figures, made public.

After he was acquitted last March he said outside court: "There is certain evidence that I would have liked to have seen led in this trial, but for a variety of reasons we were not able to do so.

“At some point that information, that facts and that evidence will see the light of day."

His supporters claims it points to a high-level conspiracy against him.

However Mr Salmond was threatened with prosecution if he did so, as the material was supplied to his defence team for use in his trial alone, and is deemed confidential.

After the former First Minister complained the prosecution threat undermined his ability to tell “the whole truth” under oath, the Holyrood inquiry sought the material for itself.

It gave the Crown Office until 5pm today to comply.

READ MORE: Salmond Inquiry MSPs demand Crown Office release documents

The development coincided with Sky News reporting senior SNP and government figures were part of a WhatsApp group that discussed Mr Salmond’s prosecution.

SNP MP Kenny MacAskill, a staunch support of the former FM, said the group, which called itself ‘Vietnam', had shared dozens of messages before his trial.

He said: “There is one text message between two senior members of staff seeking to put pressure on one of the alleged victims who was expressing reluctance about proceeding and they discussed ways of getting her 'back in the game'.

"There's a lot to come out, and I think it's important for everyone that we should have clarity. This is nothing to do with the witnesses and the alleged victims, it is everything to do with internal SNP machinations."

The inquiry is looking at the Scottish Government’s mishandling of into complaints of sexual misconduct made against Mr Salmond in 2018 by two female civil servants.

The former First Minister had the exercise set aside in a judicial review, showing it had been “tainted by apparent bias”, leaving taxpayers with a £500,000 bill for his legal costs.

He was later charged with sexual assault but cleared on all counts at a trial last March.

In its demand to the Crown Office last week under Sections 23 and 24 of the Scotland Act 1998, the parliament asked for two tranches of material.

The first was "any text or WhatsApp communications" between the SNP's chief operating officer Sue Ruddick and "members of the Scottish Government, Scottish Government civil servants and Scottish Government civil servants" between Augst 2018 and January 2019 relevant to the inquiry and Mr Salmond's judicial review.

Ms Sturgeon’s husband, SNP chief executive Peter Murrell, has already confirmed sending Ms Ruddick texts urging police and prosecution action against Mr Salmond on the day he was charged with multiple sexual assaults in January 2019.

He has insisted under oath that no more such messages exist.

The second tranche referred to the leak to the Daily Record in August 2018 of the fact that Mr Salmond was being investigated by Government officials.

The paper was the first outlet to put the news into the public domain.

The request was for "documents relevant to the circumstances in which details of complaints under the Scottish Government procedure on sexual harassment complaints was leaked to the Daily Record newspaper in August 2018, following the investigation by the Scottish Government and proceeded by the judicial review by Alex Salmond".

Mr Salmond's supporters believe the leak came from Nicola Sturgeon's inner circle and was designed to damage him.

It is unclear what material the Crown Office has provided, and MSPs typically do not see submissions for a few days while they are processed by clerks.

Tory MSP Murdo Fraser, who sits in the inquiry, said: “The committee took an unprecedented step in demanding these documents and it’s encouraging that the request appears to have been successful. 

“However, it’s too early to say how successful.

"We hope and expect all requested documents have been provided.”

READ MORE: Alex Salmond accuses Nicola Sturgeon of giving 'untrue' evidence to Holyrood inquiry

The Crown Office told the inquiry in November that if used its powers of compulsion, senior lawyers would still have to assess whether handing over documents would be in the public interest, given the need to maintain trust in Crown Office confidentiality.

It said each document would have to be considered on its own merits.

In response to the parliament's request, it said today: "Crown Counsel has now considered the notice and, as in all matters, has acted with impartiality and fairness to apply the law, and the public interest test, professionally and independently.

"Material has been provided to the Committee and the convener has been respectfully asked to give careful consideration as to whether or not it is appropriate and in the public interest to publish material COPFS [Crown Offie and Procurator Fiscal Service] has provided.

"The Lord Advocate and Solicitor General for Scotland have not had any decision-making role in the investigation and prosecution of Alex Salmond and any subsequent related matters."

READ MORE: Alex Salmond inquiry: Nicola Sturgeon's husband Peter Murrell in 'perjury' row

Mr Salmond is due to give evidence to the inquiry in person on February 9.

He has already accused Ms Sturgeon of misleading parliament over their meetings in 2018 to discuss the Government probe, and of thus breaching the ministerial code, a resignation offence.

Ms Sturgeon, who denies the accusations and accuses her predecessor of peddling conspiracy theories, is due to give her oral evidence on February 16.

A Scottish Parliament spokesperson said the Crown Office's response would be considered by the inquiry when it next meets on Tuesday.