In court two at the Court of Session for the Alex Salmond judicial review vs Scottish government - hearing before Lord Pentland should kick off at 10.
There are cameras in the court for today’s hearing, and I’m sitting squarely behind Alex Salmond. Apologies in advance to my mum for not putting on a tie.
Last time Alex Salmond was in this courtroom, he was being sworn in as first minister of the Scottish government. Today, he’s here for a judicial review against that government, over its handling of allegations of sexual misconduct (which he denies)
Lord Pentland is on the bench and we’re off. Mr Clancy, for Alex Salmond, putting down a motion to agree an end to the case, with expenses.
Mr Clancy puts to the court that the government’s handling of the case against Mr Salmond was “unlawful” because of “procedural unfairness” and that it was “tainted by apparent bias”
Mr Clancy’s motion is that the case be dismissed, with the two sides agreeing. He says the government has conceded that the investigating officer in the Salmond case had “prior involvement” in the case (before being appointed)
Mr Clancy says govt’s investigating officer had “significant amount of direct personal contact” with the complainers, about the substance of their complaints, “bordering on encouragement to proceed with formal complaints”. (again, this before being appointed to the case by govt)
Documents handed over as part of this judicial review case showed up meetings between ScotGov’s investigator and the complainants ahead of their appointment to the case, counsel fr Alex Salmond says. Officer was also “actively involved” in drafting govt’s new complaints procedure
Mr Clancy says the person appointed by govt to investigate the complaints against Alex Salmond “should have had no prior involvement in any aspect of the matter being raised”
Mr Clancy, speaking for Alex Salmond, says govt investigating officer’s notes include evidence of them “assisting the complainers” and strays into realm of “giving them encouragement”
Mr Clancy says the Scottish government “has conceded the illegality” of their investigating officer’s previous involvement in the Salmond case. This rendered whole process “unfair”. So he’s seeking to have the case disposed of today, rather than proceeding to next week’s hearing.
For the Scottish Government, Mr Dunlop underlines that this judicial review has nothing to do with the “merits” of the complaints against Mr Salmond - but govt now accepts there was a “failure” in one aspect of the probe, which brings the whole thing down.
Mr Dunlop says the investigating officer is a “dedicated HR professional” who acted in good faith, but they did have some contact with complainers before being appointed to the case. Govt doesn’t accept this “amounted to encouragement”, or that it constitutes “actual bias”
ScotGov counsel accepts that the investigating officer’s prior contact with Salmond complainers is sufficient to create impression that they were not acting impartially. Says govt procedure is “fair and robust” - the issue here was with the application.
Mr Dunlop says “emerging concerns” led govt to accept that decision of investigating officer “could not be allowed to stand”. To this extent only, the petition is conceded.
Govt disagrees with Alex Salmond’s team on some other points, but given they are conceding the case Mr Dunlop says this is “academic”.
Scottish government “accepts institional responsibility” for its conceding defeat in Salmond judicial review - “no question of an individual being held up as a sacrifice”. Mr Dunlop says govt had “duty to investigate the serious complaints” made.
The only thing that’s still outstanding here is what happens with the investigation reports, which Salmond’s team want officially struck down. Mr Dunlop, for govt, says reports are now “of no force or effect” and govt has pledged not to “publish or disseminate” them.
Salmond team want reports handed over - Mr Dunlop says the whole point of procedure is that subject of complaints doesn’t get to see them, so it would be ironic if he got to see them now “at the death”. Govt happy to set reports aside, but says it’s unnecessary to hand them over
Mr Clancy says if it’s possible to set documents aside without handing them over - reduction without production - Salmond team might accept that. Lord Pentland is off to think about it.
Lord Pentland is back to conclude the case - parties agree that the probe into Alex Salmond was unfair and unlawful. Investigation reports are struck down, but he doesn’t deem that they need to be handed over. The two sides have also come to an agreement about expenses.
Top civil servant apologises for failure in handling of Salmond complaints - says govt could run a fresh investigation, but won’t until after the police probe is complete
Alex Salmond thanks his legal team and family, and those who paid into his crowd funder. Says surplus funds will go to good causes 
Alex Salmond says he's glad to have won his judicial review, but he's sad that it was necessary. Govt have conceded the case, costing public purse "many hundreds of thousands of pounds" - when he says it could have been settled in mediation
Alex Salmond says scotgov's top civil servant Leslie Evans @PermSecScot should now consider her position.
Alex Salmond says he's "deeply troubled" by leaks during this complaints process. "Deliberate and malicious" confidentiality breaches "undermine the whole process"
Alex Salmond says he's "delighted" with the Scottish government's "abject surrender" in the judicial review. Repeats that Leslie Evans should consider her position.
Alex Salmond says he's not guilty of any criminality - but he doesn't want to comment on the police investigation until it concludes
Asked about Nicola Sturgeon, Alex Salmond says she should focus on Scottish independence - says govt has conceded "institutional responsibility" for defeat in court today, and that lies with Leslie Evans
Asked about the people who made complaints against him, Alex Salmond says process set up by Leslie Evans is a "botched mess" - says its important for complainers that processes are fair
Alex Salmond says justice and transparency have been "swept aside" by the Scottish govt in this case - continues to call for permanent secretary to go.
Alex Salmond says Leslie Evans statement today was her trying to save her job: govt "fell at the first fence" in this case and might have cost the taxpayer half a million pounds in the process. Says she should consider her post over this "abject humiliation"
Alex Salmond says it's his intention to rejoin the SNP, subject to discussion with his legal team
