Alex Salmond’s QC has had a complaint of professional misconduct upheld against him after publicly naming two of the former First Minister’s trial accusers on a train.
A probe by the Faculty of Advocates also concluded Gordon Jackson had breached a court order which bans the publication of the women’s identities.
Salmond was acquitted in 2020 of sexually assaulting nine women after being represented by Jackson during a high profile trial.
After the verdict, a newspaper revealed footage of Jackson apparently discussing sensitive aspects of the case on a train between Edinburgh and Glasgow.
He was accused of naming two of the complainers against Salmond during a conversation with an unnamed passenger, despite a court order prohibiting the identification of the women.
He said of one accuser: “We thought that eventually people might think she's a flake and not like her."
"All I need to do is put a smell on her."
Jackson quit as Dean of the Faculty of Advocates, which then launched an investigation after a complaint was made by Rape Crisis Scotland on behalf of Salmond’s accusers.
It can now be revealed that the Faculty’s Complaints Committee has upheld the complaint against Jackson.
It is understood they found he had undermined public confidence in the administration of justice by publicly naming complainers and discussing details which could identify a complainer.
For the same reason they concluded that Jackson had breached an advocate’s duty to the court.
The Committee judged his behaviour amounted to professional misconduct.
It is understood Jackson and the complainers will have the opportunity to make representations on what penalty should be imposed.
A Disciplinary Tribunal of the Faculty can impose a range of sanctions, up to suspension or expulsion from the body.
He will also have the right to apply for leave to appeal.
One source said the ruling on Jackson breaching the Salmond trial court order raises the question over whether there will be a police complaint.
After the recording emerged, Jackson reportedly sent an email to members of the Faculty of Advocates claiming the video footage was a “set up”.
He wrote: “It is as yet far from clear what happened on the train. I strongly suspect this was a deliberate set-up but for now it is not clear what was actually said and to whom and in what circumstances. I very much hope this will be established in due course.”
Jackson is one of Scotland’s most high-profile QCs and his online biography states:
“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.”
He was also a Labour MSP between 1999 and 2007, losing his Glasgow seat to Nicola Sturgeon.
Rape Crisis Scotland CEO Sandy Brindley said: “When video footage emerged of then Dean of the Faculty Gordon Jackson naming complainers and engaging in highly inappropriate conversation on the Edinburgh to Glasgow train in 2020 the Scottish public were rightly shocked.
“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.
"He should now be stripped of his right to practice as a QC as an appropriate sanction that reflects the severity of this professional misconduct. 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 confirmed the finding of professional misconduct, but said that as the process was ongoing it would not be appropriate for to comment on this matter.
Jackson declined to comment.
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