Michael Matheson faces new questions on decision not to reinstate police chief

Justice Secretary Michael Matheson is facing fresh questions over his involvement in the decision not to reinstate Scotland's top police officer.

The Scottish Conservatives said emails released by Holyrood's Public Audit Committee undermined the account of the affair Mr Matheson gave to MSPs last week.

Mr Matheson told parliament he had not exceeded his authority when he asked the Scottish Police Authority (SPA) to ''reconsider'' their decision to allow Chief Constable Phil Gormley to return to work while misconduct allegations against him were being investigated.

Mr Gormley's lawyer has said there was ''no lawful basis'' for the Justice Secretary to intervene after the SPA board unanimously agreed to end a period of special leave and allow the top police officer to return to duty.

However, Mr Matheson told the parliament that key parties had not been consulted and there was a ''particular concern'' about the impact Mr Gormley's return could have on those who had made the allegations.

He said there ''did not appear to be a robust plan in place to protect the well-being of officers and staff who had raised complaints or who may have been asked to play a role in the investigation''.

The Tories highlighted a draft SPA press release, contained in the committee papers, which stated: “The authority has also taken the necessary steps with Police Scotland to ensure suitable arrangements are put in place to support the welfare of all involved parties until the alleged conduct issues are concluded.''

The party's justice spokesman Liam Kerr said: “Once again, Michael Matheson's version of events has raised more questions than it answers.

“As soon as we appear to be close to a conclusion on this episode, further detail emerges that casts doubt over the role of the justice secretary.

“We now have evidence that undermines the account the Justice Secretary gave to the Scottish Parliament in his statement last week.

“These questions arise entirely from the account of the Justice Secretary and the longer the ambiguity and inaccuracies continue, the more people will ask questions around his performance.

“We would all like to see an end to this affair so that our diligent police officers have confidence in their leadership.''

Mr Gormley - who denies the allegations against him - had already been told he was being allowed to return to duty and was on his way back to Scotland when he was informed the decision had been reviewed.

The Chief Constable has been on special leave since September 8 2017, with investigations still ongoing.

A Scottish Government spokeswoman said: “As the Justice Secretary has said, when advised of the SPA's intentions, he discovered that they had failed to consult the Police Investigations and Review Commissioner, who is leading the independent investigatio

A Scottish Government spokeswoman said: “As the Justice Secretary has said, when advised of the SPA's intentions, he discovered that they had failed to consult the Police Investigations and Review Commissioner, who is leading the independent investigations.

“The then chair was also unable to provide evidence that there was a robust plan in place to protect the wellbeing of officers and staff who raised the complaints or had been asked to play a role in those investigations.'