The Crown Office has handed over “material” to a Holyrood Inquiry investigating the Scottish Government’s unlawful sexual misconduct probe into Alex Salmond.
The move was made after MSPs asked for a range of items, including any texts or WhatsApp messages between SNP chief operating officer Sue Ruddick and government figures.
In a statement, the Crown Office said the Inquiry has “respectfully” been asked to consider whether it is appropriate and in the public interest to publish the material.
The public body did not provide details on the nature of the material.
A Holyrood committee is examining the SNP Government's botched probe into sexual misconduct claims against the former first minister.
The investigation cost the taxpayer over £500,000 and destroyed the friendship between Sturgeon and Salmond, whose allies believe he was targeted by the Government.
Salmond was also charged with sexual offences, but he was acquitted after a trial this year.
The Inquiry is focused on the unlawful government probe, but senior SNP party figures like Peter Murrell, who is SNP chief executive and Sturgeon's husband, have also been part of the Holyrood committee's work.
Salmond has also called for material held by the Crown in relation to his criminal case to be released.
In an unprecedented move last week, the Inquiry used its powers under the 1998 Scotland Act to request a range of documents from the Crown.
Scottish parliament chief executive David McGill wrote: “It has been asserted to the committee that the documents include evidence that elements of the Scottish Government (including special advisers) used the Scottish Government’s harassment complaints procedure and complaints considered through the same to damage the reputation of Alex Salmond.”
He added it was in the “public interest” to establish the “veracity” of the claims.
In its request, Holyrood asked for any texts or WhatsApp messages between Ruddick and government figures that are “relevant” to the Inquiry.
McGill issued a second demand: “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.”
A spokesperson for the Crown Office & Procurator Fiscal Service (COPFS) said: “The Scotland Act 1998 stipulates that COPFS cannot simply produce any document on receipt of a Section 23 notice. Crown Counsel, on behalf of the Lord Advocate, needs to consider whether producing any documents sought would be contrary to the public interest.
“In making such an assessment Crown Counsel must consider the relevant public interests, including, but not limited to, the relevance of the document to the work of the Committee, the interests of the owner of the document or anyone named in it, and the public interest in maintaining trust and confidence in law enforcement authorities. Each document needs to be considered on its own merits.”
The spokesperson then confirmed “material” has been given to the committee: “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 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.”
Tory MSP Murdo Fraser 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.”
A Scottish Parliament spokesperson said: “The Committee received a response from the Crown Office this evening. This response will be considered by the Committee when it next meets.”
