If your going against the legal advice you’ve been given you fall by your decision, don’t forget this information about the legal advice was drip fed after the FM gave her evidence to the Committee, Nicola Sturgen should have had these questions put to her, but it wasn’t possible because the papers were held back until she gave evidence. I still don’t think the truth and true picture is out.
Of course, this is true: if she went against expert advice, she is politically embarrassed; but it is not an ethical breach. She is entitled to argue that it was her decision to make (assuming that is the case) and either:
(i) she doesn't regret it as the allegations were serious and the Scottish Government arguably had a statutory duty by default - in employment law, if nothing else - to pursue the investigation; or,
(ii). she does regret it and it happened because she felt strongly that such allegations against a senior politician, even if only having a thin basis, should be investigated thoroughly and exhaustively, and she now realises that she should have heeded the advice given, and she's very sorry.
Either way, what's the ethical breach? As far as I can tell, there isn't one.
Maybe Nicola Sturgeon misled people and engineered a slow drip of relevant disclosure, but there are four points that can be made in her defence:
1. It was an internal investigation by the Devolved Civil Service and/or the Scottish Government of essentially a personnel matter. Why should there be public disclosure?
2. She was compromised because Alex Salmond, the accused party, was seeking her intervention in a complaint against him. What was she supposed to say to him? I am genuinely baffled by Alex Salmond's behaviour in this regard. Did he really think that Nicola Sturgeon could be held to any promises in that situation? And how does he think it helps his position if Nicola Sturgeon is lying about what she knew about his historic conduct? Also, can we really blame Nicola Sturgeon for lying or misleading people in what at the time may have seemed a minor way? It wasn't relevant to the criminal case and it seems to me to be a contradiction to accuse her of having it in for Alex Salmond while at the same time accusing her of denying all knowledge of his unseemly behaviour. It's very confusing. Why does it even matter?
3. She may have genuinely forgotten about meetings and/or had a habit of being lax about protocol in certain situations. This is common at all levels of society. I don't condone it, but these are hardly hanging offences. It is human to cut corners and forget things. We all do it, including busy and important people.
4. It is assumed that she must have been aware of Alex Salmond's pattern of behaviour prior to late 2017, but why? Even if they were working in close proximity to each other (which isn't necessarily the case, even if she was officially his deputy), that doesn't mean she was cognisant of what was going on. A lot of it is also about interpretation and personal bias. For instance, she may have liked and got on well with Alex Salmond at this point and thus interpreted his actions in a more favourable way than was warranted.
I'm afraid this is one of those occasions when I find myself in the same camp as Steve, albeit it's a broad church as I don't agree with Steve about the viability of the criminal charges brought against Alex Salmond.
Of course, the essential rider is that if Nicola Sturgeon or anyone on her behalf actually leant on the criminal justice system to pursue a prosecution of Alex Salmond, despite the lacklustre outcome of the internal investigation, then we're in whole new territory and Nicola Sturgeon has some serious explaining to do. But again, it appears there is no evidence for this.