A former SNP Justice Secretary has claimed the actions of the Crown Office relating to Alex Salmond look like an “abuse of power”.
Kenny MacAskill, the former Justice Secretary, asked whether the Crown has been acting as "Government lawyers or impartial prosecutors".
Salmond, who was first minister between 2007 and 2014, has been embroiled in high-profile legal disputes for over eighteen months.
It emerged in 2018 that the Government he used to lead had investigated him over alleged misconduct when he was in office.
After Salmond launched a court challenge, a judge ruled that the internal Government investigation had been unlawful and "tainted by apparent bias".
Salmond was then charged with sexual offences, but was acquitted after a trial earlier this year.
In an article for the Scotsman, MacAskill pointed the finger at the Crown Office in both the civil and criminal cases.
He wrote: “This affair started with a civil case where a High Court judge held that the actions of the Scottish Government were “unlawful” and “tainted by apparent bias”. Notwithstanding that, the brazen Permanent Secretary, our most senior and supposedly impartial public servant, swore they’d lost the battle but not the war.
"The Lord Advocate was then and remains the senior government legal advisor. He attended or was privy to many meetings concerning this case. Though he recused himself from the criminal trial, it was after earlier advising that police be contacted.”
He added: “Additionally, the Crown Agent, an underling of his, offered the Police Scotland investigation team the Permanent Secretary’s report. Yes, the “tainted” one.”
MacAskill added: “And still it continues, are the Crown acting as Government lawyers or impartial prosecutors? This isn’t just an abuse of process; it’s looking like an abuse of power."
Salmond is understood to be writing a book about his legal battle with the Scottish Government and the criminal case.
A spokesperson from the Crown Office and Procurator Fiscal Service said:
"Scotland's prosecutors use their professional judgement and act in the public interest. Every case is considered on its own facts and circumstances. A decision to prosecute is taken where there is sufficient, credible and reliable evidence to support that prosecution. Professional judgement is used independently from external pressures or organisations."
