Prosecutors have denied that Operation Branchform has been reopened after former SNP donors received an email telling them there is an “ongoing” criminal investigation. The Crown Office said no investigation is underway into any matters arising from the case, following what has been described as an “extraordinary blunder”.
The denial came after alleged victims in the criminal probe into the SNP’s finances demanded a formal Crown Office review of the decision not to prosecute Nicola Sturgeon. The three individuals, who donated to the SNP’s “ring-fenced” IndyRef2 crowdfunders in 2017 and 2019, had their request denied last week.
Days later, the alleged victims were sent a second letter stating: “There is an ongoing and active Crown directed criminal investigation regarding the matters which you raise.” When the prosecution service was asked to explain this, they denied there is any criminal investigation and could not explain why the email had been sent.
Victims Express Fury
Former SNP member Louise Williams, one of those who requested the review, expressed anger at the bungle. She said: “I’m really angry as they’re making an absolute mockery of justice by treating victims in this way. We were told one thing, that there is a live criminal investigation, and now they are telling the media that there isn’t one. If that’s the case, we need to be told that too.”
Williams added: “If this email was just some minion who sent it by mistake, where on Earth is the oversight? Who on Earth is running the Crown Office? It’s a disgrace. Someone at a very high level needs to immediately clarify exactly what’s going on in the Crown Office and issue an apology to victims. Victims are clearly an afterthought at the Crown Office who clearly don’t know what they’re doing. They’re turning Scotland into a circus.”
Background of the Investigation
The five-year Branchform investigation led in June to the conviction of Peter Murrell, ex-party boss and Sturgeon’s estranged husband, who was jailed for five years for embezzling more than £400,000 from the SNP. The police probe, first revealed by the Sunday Mail in 2021, initially focused on the disappearance of around £660,000 raised for a future independence referendum.
Investigators shifted focus to Murrell in 2023 as they uncovered evidence of his 12-year crime spree stealing party cash to spend on luxury goods and a camper van. Sturgeon was arrested and questioned in June 2023 but police later confirmed she would not face charges. She has repeatedly denied any knowledge of her husband’s criminality.
Emails and Response
Three ex-SNP donors wrote to the Crown Office on October 21 to formally ask for a review of the decision not to prosecute Sturgeon under 2014 victims’ legislation, in a letter coordinated by veteran campaigner Sean Clerkin. Prosecutors denied the request two days later, saying they were not eligible for the victims’ right to review scheme.
However, the Crown Office then sent a second email to Clerkin dated October 26, seen by the Sunday Mail, stating: “I write in response to your correspondence of October 21. Your correspondence has been provided to me to consider and respond to. I am grateful to you for raising your concerns and observations. Whilst I note all of which you write, I must advise that there is an ongoing and active Crown directed criminal investigation regarding the matters which you raise. As you will appreciate, it would therefore be inappropriate for the Crown Office and Procurator Fiscal Service to comment any further.”
The email came from the same address as the first and was not signed by any named official. Clerkin said: “This is either a massive cock-up or cover-up at the Crown Office. They cannot treat victims this way as this will cause great upset to them. It is hard to believe there’s nothing to this given the detail of the second email. The Crown Office has to come clean on what the hell is going on.”
After the Sunday Mail approached the Crown Office on Friday, officials initially said they had no record of the email. Hours later, a spokesman said: “There is no criminal investigation underway into any matters arising from the Operation Branchform case, and there has been no such investigation since the conviction of Peter Murrell. We are aware that an individual has an email which contains information inconsistent with communication previously received. The earlier communication accurately reflected the position that the Victims’ Right to Review scheme is not applicable in this case. We are unable to clarify the circumstances surrounding the later correspondence at this stage but will seek to establish what has happened.”
The spokesman added that decisions in the case had been “taken independently by prosecutors” without the involvement of the Lord Advocate, who heads the Crown Office and also advises the government in a “dual role”. First Minister John Swinney appointed Ruth Charteris as the new Lord Advocate in June, replacing Dorothy Bain.
Political Reactions and Legal Pressure
Police confirmed they had no knowledge of any new criminal investigation linked to Branchform. Scottish Tory deputy leader Rachael Hamilton said: “This appears to be an extraordinary blunder in the handling of a highly sensitive criminal investigation. The Crown Office must urgently explain why it described Operation Branchform as ‘ongoing’ and clarify the investigation’s current status. The public deserves answers.”
Labour’s deputy chief Jackie Baillie said: “It’s crucial that in any case victims receive clear communication and support whenever interacting with the justice system. In a case like this, where there is additional public interest and potentially significant implications, it is simply not good enough that such a blunder was made.”
Police Scotland is also under pressure to reinvestigate the missing IndyRef2 funds amid the threat of a judicial review involving Scotland’s top lawyer. Wings Over Scotland blogger Stuart Campbell is taking legal action against police for failing to reopen its probe into the ring-fenced money after getting a legal opinion from Roddy Dunlop KC, Dean of the Faculty of Advocates.
This follows Swinney’s admission in June that the cash had been spent on general party activities rather than kept back for a future referendum. Sturgeon had previously vowed “every penny” would go towards an IndyRef2 campaign. Dunlop, who confirmed last month he is taking Campbell’s case on pro bono, said in his July legal opinion he believed the SNP had committed embezzlement because the crowdfunded money had been “dishonestly” used for general party expenditure. He added Swinney’s comment “constitutes an unequivocal admission that the trust funds were diverted from their stated purpose”.
Dunlop said a criminal investigation would be required to establish who authorised the spending, but argued that any donors could bring a civil claim for fraudulent breach of trust. Such a case, he added, would be “close to irresistible”, potentially entitling donors to repayment, damages and interest.
