With the recent resignation of Peter Hain, the position of Wendy Alexander as Scottish Labour leader is clearly untenable. While Hain's defence was that, although he didn't declare his donations, they were at least legal, Alexander is on shakier ground. Her donation broke the law as it came from a Jersey businessman who, as a non-UK resident, is banned from making contributions to a UK political party.

With the recent resignation of Peter Hain, the position of Wendy Alexander as Scottish Labour leader is clearly untenable. While Hain's defence was that, although he didn't declare his donations, they were at least legal, Alexander is on shakier ground. Her donation broke the law as it came from a Jersey businessman who, as a non-UK resident, is banned from making contributions to a UK political party.

Alexander admits that her donation was illegal - she uses the word "impermissible" - and claims she did not knowingly breach electoral law. Hiding behind a defence of ignorance is a rather lame excuse, especially when it emerged last week that the Electoral Commission warned her in August that she would be held legally responsible for all donations to her campaign.

Let us also remember that it was the Labour Party that drafted the current electoral laws to create a climate of transparency and see if political favours were being bought by wealthy donors. To most observers, the mystery is why the Electoral Commission is taking so long to investigate her (two months), whereas Hain was dealt with in a fortnight.

If the commission refers her case to the police, as it has with Hain, she will have no choice but to resign. If it opts not to take things further, the question that will inevitably be asked is: why not?

Whatever the result of the impending commission report, it is difficult to see how the Scottish Labour leader can possibly recover from the situation she is now in.

Alex Orr, Flat 8, 35 Bryson Road, Edinburgh.