Lord Advocate Dorothy Bain told Swinney of Murrell charge nearly a year ago

Lord Advocate Dorothy Bain told Swinney of Murrell charge nearly a year ago

Documents released by the Crown Office and Procurator Fiscal Service (COPFS) reveal that First Minister John Swinney was informed about the criminal charge against former SNP chief executive Peter Murrell almost a year ago. According to these files, Lord Advocate Dorothy Bain initially wrote to Swinney in March last year to notify him that Murrell faced charges of embezzling £460,000 from the SNP. This information challenges earlier assumptions that the government only learned of the sum recently.

Peter Murrell, who resigned as SNP chief executive in 2023 after serving for more than twenty years, is accused of embezzling £459,000 between August 2010 and January 2023. The charges also include allegations that he made unauthorized purchases of luxury items, including two cars and a motorhome, using party funds. Murrell has yet to enter a plea, with a preliminary court hearing set for 25 May.

Lord Advocate Dorothy Bain, who serves both as Scotland’s chief prosecutor and as the government’s main legal adviser in her capacity as a cabinet minister, has faced intense scrutiny. Recently, she was criticized by Conservative and Labour Members of the Scottish Parliament (MSPs) following an email she sent to Swinney on 19 January that detailed Murrell’s charges. That email was subsequently shared with senior civil servants and special advisers. However, the indictment did not become public in the media until nearly a month later, on 13 February. The COPFS has stated that Bain acted according to her legal responsibilities and emphasized that she is not involved in prosecuting the case, citing the political sensitivities surrounding the matter.

Opposition MSPs have questioned the timing and transparency of the communication from the Lord Advocate, particularly since the COPFS later informed journalists that the details of the indictment could not be disclosed until the preliminary hearing. The Scottish Conservative leader, Russell Findlay, described the email as giving an impression of “corruption,” while Labour leader Anas Sarwar dismissed the explanations from Swinney and Bain as “not credible.” Conservatives are calling for the removal of Bain’s dual role, arguing it creates an inherent conflict of interest, while Labour is pushing for an inquiry into whether Bain misled parliament. Meanwhile, Bain defended her actions by stating she sent the January memo to alert ministers of a significant development, to caution against commenting on ongoing legal proceedings, and to clarify that she was not involved in the prosecution process

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