ALEX Salmond’s QC has had a professional misconduct complaint upheld against him after he publicly named two of the former First Minister’s accusers on a train during the first week of the trial, reports say.
Gordon Jackson, who took the silk in 1990, was also found to have breached a court order which banned the women’s identities from being revealed, a probe by the Faculty of Advocates reportedly found.
The Daily Record reports that the investigation found Jackson undermined public confidence in the administration of justice by publicly naming the complainers and discussing details which could identify them.
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Jackson represented Salmond during his 2020 trial where the Alba leader was acquitted of sexually assaulting nine women.
After the verdict, the bombshell video of Jackson, a former Labour MSP, discussing sensitive aspects of the trial on a train between Edinburgh and Glasgow was revealed by The Times.
The QC was accused of naming two of the women complainers against Salmond during a conversation with an unnamed passenger.
Rape Crisis Scotland, who lodged the complaint on behalf of Salmond’s complainers, said it is “right that he [Jackson] is held to account”.
The footage showed Jackson saying: "Unfortunately, [named withheld] and [name withheld] say it's sexual."
The newspaper also reported that the brief went further and discussed details of one campaigner, which would have made it easy to identify her.
Jackson was also caught discussing his defence tactics, adding that all he had to do was “put a smell” on one of the complainers to make her untrustworthy.
After the recording emerged, Jackson reportedly sent an email to members of the Faculty of Advocates claiming the clip was a “set up”.
But now, the Daily Record has revealed that Jackson undermined public confidence in the justice system and breached an advocate’s duty to the court.
Therefore, the committee judged Jackson’s behaviour amounted to professional misconduct.
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Jackson will have the right to apply for leave to appeal, and both the QC and complainers will have the chance to make representations on what penalty should be imposed.
Despite resigning as Dean of the Faculty of Advocates, a role he held during Salmond’s trial, in June 2020, Jackson’s profile is still on the independent body’s website.
It reads: “Gordon is regularly instructed as defence counsel across the full gamut of criminal practice, including trials and appeals.
“He is held in high respect for his no-nonsense practical approach coupled with his eloquent oratory and dexterity in interpreting the key relevant facts of a case.
“Together these skills ensure Gordon's reputation as a well instructed and feared opponent at the Criminal Bar.”
Rape Crisis Scotland CEO Sandy Brindley (above) told the Record: “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.”
Brindley added that Jackson should be stripped of his right to practice as a QC “as an appropriate sanction that reflects the severity of this professional misconduct”.
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She added: “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 this matter - "beyond confirming it was correct to say that a finding of professional misconduct had been made regarding Gordon Jackson QC".
Jackson declined to comment.
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