A legal watchdog has referred complaints against Alex Salmond's QC for investigation by the Faculty of Advocates after he was filmed discussing details of the former first minister's criminal trial on a train, the Daily Record can reveal.
The significant step follows allegations by Rape Crisis Scotland that Gordon Jackson "undermined public confidence" by openly talking about the case and women involved.
Jackson was filmed talking about the case on the Edinburgh to Glasgow commuter service, sparking outrage from victims groups.
Recorded in March, the film emerged after Salmond was acquitted of all charges at the High Court.
The recording of Jackson, who is also a former Labour MSP, included derogatory comments about Salmond being "a bully". On one of the complainants, Jackson was heard to say: "We thought that eventually people might think she's a flake and not like her."
He went on to discuss strategy and said: "All I need to do is put a smell on her."
Rape Crisis Scotland made three complaints to the Scottish Legal Complaints Commission watchdog on behalf of 10 women involved in Salmond's trial. It's understood the SLCC agreed there is "merit" in probing two of them.
They include allegations Jackson, an advocate, undermined confidence in the administration of justice by naming two women, even though their identities are strictly protected.
Rape Crisis Scotland also alleged he had breached an advocate’s duty to the court.
A third complaint about Jackson's strategy to "put a smell" on one of the complainers during the trial was thrown out.
Complaints to the SLCC are looked at first to see if there is a case to investigate. The Rape Crisis Scotland allegations will now be passed to the Faculty of Advocates where a panel will sit in private to consider whether there was a breach of their code of conduct.
They can decide penalties ranging from a caution or a fine, to suspension or expulsion - which can then be appealed.
Rape Crisis Scotland chief executive Sandy Brindley welcomed the decision to refer two complaints to the Faculty. But she said the decision not to proceed with the third complaint was "deeply flawed".
Brindley said: "It is precisely this kind of behaviour towards complainers of sexual crime that put women in particular off reporting rape or sexual assault.
"The Faculty of Advocates has been taking a number of steps to change the approach to cross examination, including providing training for advocates on the cross examination of vulnerable witnesses. Mr Jackson’s actions clearly undermine this work."
The support group is also angry at the length of time it took to get to this stage of the complaint process.
The allegations about Jackson were submitted on April 2. The recording of his discussion took place in early March when Salmond's trial was being held.
Jackson resigned as head of the Scottish bar after the train video emerged. He was dean of the Faculty of Advocates, the body which is now in line to investigate Rape Crisis Scotland's complaints.
Jackson previously claimed he was the victim of a "set-up" after being caught on video and said it was "far from clear" what had happened on the train.
Responding to the SLCC referral, Jackson told the Record: "There is an ongoing process and I won’t say anything while that process is happening."
