Scotland's top law officer not considering position over Murrell memo

Scotland's top law officer not considering position over Murrell memo

Scotland’s top legal officer, Dorothy Bain, has said she is not contemplating resignation despite intense scrutiny from Members of the Scottish Parliament (MSPs) over an email she sent to the first minister concerning allegations against former SNP chief executive Peter Murrell. Bain informed John Swinney in January about accusations that Murrell was involved in embezzling nearly £460,000 from the party, weeks before this information was publicly reported.

Peter Murrell, aged 61, has yet to enter a plea and is scheduled for a preliminary hearing on 25 May. In parliamentary sessions, Bain rejected claims of corruption, asserting that her memo was intended to safeguard the judicial process rather than interfere with it. Carrying dual responsibilities as both the government’s principal legal advisor and chief prosecutor, Bain faced MPs’ questions after her email to Swinney was first revealed by The Scottish Sun.

Critics including Labour’s Michael Marra argued that sharing details of the charge with senior civil servants and special advisers granted a clear political advantage to Swinney and amounted to political interference. Marra suggested that both the first minister and Bain’s positions had been compromised. Similarly, Scottish Conservative leader Russell Findlay described the email as indicative of corruption, claiming it endangered Bain’s impartiality and gave the SNP a distinct edge ahead of the upcoming Holyrood election. When asked whether she was considering stepping down, Bain responded emphatically, “I am not considering my position.”

Bain maintained that the memo was not requested by the government and denied that ministers received any preferential information or political advantage. The Crown Office and Procurator Fiscal Service reiterated that Bain has no involvement in the Murrell case due to its political sensitivity. Bain told MSPs that the purpose of the memo was to confirm the indictment, clarify her non-involvement in the prosecution, and caution ministers against speculation or inappropriate commentary. She explained that sharing such information with the first minister is standard practice handled on a case-by-case basis and promised to provide past examples. The memo was sent with the understanding that the indictment would soon be made public, which occurred on 13 February.

Peter Murrell, who stepped down from his role as SNP chief executive in 2023 amid the police investigation known as Operation Branchform, was charged in April 2024 with embezzlement spanning from August 2010 to January 2023. Details published last week revealed that the charges involve the illicit purchase of luxury items, including cars and a motorhome, using party funds. Murrell’s preliminary hearing, initially set for early May at the Glasgow High Court, was postponed until 25 May at the Edinburgh High Court after a joint request from both defence and Crown prosecutors for more preparation time. The Scottish Courts and Tribunals Service described such deferrals as common in complex cases and emphasized that the decision by the independent judge, Lord Young, was free from political influence.

Observers of Holyrood described the parliamentary interrogation of Bain as unusually severe. Although she heads Scotland’s prosecution service and is not a politician, the experience was evidently challenging. Bain’s January memo alerted John Swinney to the scale of the financial allegations against Murrell weeks before public disclosure. The Crown Office stated that the note aimed to keep the first minister updated on a high-profile case and to caution the government that public commentary might jeopardize the fairness of ongoing proceedings. Bain also indicated that the trial might not occur until March of the following year, a timeline that court watchers might expect.

This situation has reignited debate over the dual role of the lord advocate, who serves both as head of the prosecution service and as the Scottish government’s chief legal advisor. This unique position has raised concerns, as Bain oversees the prosecution of a figure closely connected to the governing party while sitting alongside SNP politicians in cabinet meetings. Although Bain has not participated in decisions regarding the prosecution of Murrell, opposition MSPs have argued that her memo to the first minister breached the appropriate boundaries. Ironically, her warning to government ministers to exercise caution in public commentary has itself sparked considerable controversy, with Murrell’s legal team likely monitoring closely for any comments that could impact the fairness of the trial

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