Jackson self-refers to SLCC as trial comments published
Gordon Jackson QC, Dean of the Faculty of Advocates, has referred himself to the Scottish Legal Complaints Commission following publication at the weekend of comments he was recorded making on a train about the Alex Salmond trial.
Mr Jackson was one of the two senior counsel who won an acquittal for the former SNP First Minister last week on 13 charges of indecent assault, including one of attempted rape, against nine women, said to have been committed during his years in office.
In the video recording, which was reported by the Sunday Times yesterday, he can be heard using the words "sex pest" while stating that Mr Salmond was not charged with that, and remarking that he was "quite an objectionable bully to work with". He mentioned the names of two of the complainers, whose identities were protected by court order from being published, and mentioned his strategy for cross examination of one woman as being "All I need to do is put a smell on her."
After the footage was made public, Mr Jackson said: "To be clear... I do not regard Alex Salmond as a 'sex pest', and any contrary impression is wrong."
He added that the proper course of action was to self-refer the matter to the SLCC, and it would be for the commission to consider the matter.
If the SLCC considered a question of professional misconduct arose, it would refer the matter to the Faculty of Advocates.
In a statement the Vice Dean of Faculty, Roddy Dunlop QC, said: "The Faculty takes this matter extremely seriously. It plainly warrants investigation, but as the Dean has self-referred to the Scottish Legal Complaints Commission it would not be appropriate for the Faculty to comment further."
Rape Crisis Scotland had previously issued a statement on behalf of the nine women in which they said they would not let the acquittal "define them", and while the trial experience had been "traumatic", the prosecution had been the "right thing to do".
Calling for an immediate investigation into Mr Jackson's actions, Rape Crisis Scotland said: "Protecting the anonymity of all people who report sexual crimes is of critical importance and is one of few reassurances that can be offered as part of an otherwise daunting and intimidating process. For this to be undermined by such a senior lawyer in a public place in such a high-profile trial is horrifying and completely unacceptable... we cannot see how this behaviour... is in keeping with the Faculty of Advocate’s own guidance on conduct."
On Mr Jackson's remark about strategy it added: "This statement alone confirms the fears of many, many survivors who do not report for fear of what would be done to them in court. Trials should be based on evidence, not on smears and attacks on character. We need an urgent overhaul of how these cases are dealt with."