THE lawyer who successfully defended Alex Salmond during his sexual assault trial has been found guilty of professional misconduct for discussing the case on a train.
Gordon Jackson QC, a former Labour MSP, was caught on video naming two of the women who had complained about the former First Minister.
The Daily Record today reported a Faculty of Advocates investigation concluded Mr Jackson breached a court order banning the public disclosure of the women’s identities.
He said of one accuser: “We thought that eventually people might think she's a flake and not like her."
"All I need to do is put a smell on her."
The Faculty confirmed "a finding of professional misconduct had been made regarding Gordon Jackson QC". His penalty has yet to be determined.
Mr Jackson told the BBC he would not be making any comment about the decision.
Former British diplomat Craig Murray last year served four months in jail for contempt of court over Mr Salmond's trial for publishing material online capable of identifying four of the complainers.
Mr Salmond was acquitted in March 2020 of assaulting nine women after being represented by Mr Jackson, who was then the Dean of the Faculty.
After the trial ended, the Sunday Times revealed footage of Mr Jackson discussing the case on the Edinburgh-Glasgow train.
He apologised at the time, saying he deeply regretted the distress and difficulties caused.
He later announced he was stepping down as Dean of Faculty, and referred himself to the Scottish Legal Complaints Commission, which sifts complaints for potential referral to the Faculty.
After Rape Crisis Scotland complained on behalf of Mr Salmond's accusers to the SLCC, it passed the matter to the Faculty, which launched its own in-house investigation.
The case was taken up by a complaints committee, which in turn sought more information from an investigating committee.
It is understood the complaints committee has now upheld the complaint against Mr Jackson - finding he undermined public confidence in the administration of justice by publicly naming complainers and discussing details would could identify a complainer, and thus also breached an advocate's duty to the court.
The Daily Record reported that the committee judged his behaviour amounted to professional misconduct.
It is understood Mr Jackson and the complainers now have the chance to make representations on Mr Jackson's sanction.
Mr Jackson, the MSP for Glasgow Govan from 1999 to 2007, also has the right to seek leave to appeal.
Rape Crisis Scotland chief executive Sandy Brindley said: "When video footage emerged of then Dean of the Faculty Gordon Jackson naming complainers and engaging in highly inappropriate conversation on the Edinburgh to Glasgow train in 2020 the Scottish public were rightly shocked.
“We are relieved that the Faculty of Advocates have finally confirmed that this was professional misconduct, and a breach of the contempt of court order that remains in place to protect the anonymity of the complainers in this case.
“This has been a drawn out and difficult process littered with extensive delays that have had a very real and significant impact on the lives of those involved.
"Jackson may well have believed that his colleagues would have worked to try to shield him from any consequences to his actions, but it is right that he is held to account.
"He should now be stripped of his right to practice as a QC as an appropriate sanction that reflects the severity of this professional misconduct. The process of this complaint handling - and the fact this happened at all - should prompt serious reflection on accountability and organisational culture within the legal profession.
“We shouldn’t underestimate the harm of Jackson’s actions here, not only to the women directly involved in the case but in the chilling message he sent that day to anyone considering reporting sexual crimes.
"Navigating the criminal justice process is already daunting and difficult for complainers, any breaches of the anonymity of those who do report their experiences are serious and completely unacceptable."
A Faculty spokesperson said that as the process was ongoing it would not be appropriate for Faculty to comment on the matter, beyond confirming it was correct to say that a finding of professional misconduct had been made regarding Gordon Jackson QC.
The video of Mr Jackson, which was shot in the first week of Mr Salmond's trial, also showed the QC describing his client as "quite an objectionable bully to work with" and "a nightmare to work for".
He characterised some of his client's conduct towards some of the complainers as "inappropriate, a***hole, stupid.. but sexual?"
He then named two complainers who "unfortunately... say it's sexual".
Trial judge Lady Dorrian had issued an explicit order banning the women's identification, or any information that might lead to it.
Mr Jackson said at the time: "“I have decided that the proper course of action is to self-refer this matter to the Scottish Legal Complaints Commission, and that has been done.
“It will be for the Commission to consider this matter.
“To be clear, however, I do not regard Alex Salmond as a ‘sex pest’, and any contrary impression is wrong.
"I also deeply regret the distress and difficulties which have been caused, but given the reference to the SLCC it would not be appropriate to comment further.”
After the video emerged, Mr Salmond's close friend Kenny MacAskill claimed "dark forces" were involved in the incident.
The former SNP justice secretary, now an MP for Mr Salmond's Alba party, said what happened to Mr Jackson seemed "more than accidental" and his "real crime” was representing Mr Salmond.
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