Swinney Pledges to Uphold Judicial Independence Following Murrell Charge Disclosure
First Minister John Swinney has firmly committed to respecting "the independence of the criminal process within our country and within our courts" after revelations emerged that he was provided with details of the charge against former SNP chief executive Peter Murrell weeks before it became public knowledge. The disclosure has sparked significant political controversy and demands for transparency from opposition parties.
Early Notification of Embezzlement Allegations
According to reports from The Sun newspaper, Lord Advocate Dorothy Bain notified the First Minister via email on January 19 that Murrell faced accusations of embezzling nearly £460,000 from the Scottish National Party between August 2010 and January 2023. However, the specific details of the indictment against Nicola Sturgeon's estranged husband were not made publicly available until February 13, creating a substantial gap between governmental awareness and public disclosure.
During a visit to a mental health charity in Perth on Wednesday, Swinney repeatedly declined to elaborate on why he received this advance notification. When pressed by journalists from the Press Association, he maintained: "This is a live criminal case and I'm not going to make any comment." He provided identical responses when questioned about the delayed public announcement and whether he would issue a formal statement on the matter.
Opposition Parties Demand Accountability
The disclosure has triggered intense criticism from opposition leaders who question the propriety of the First Minister receiving privileged information about a criminal case involving a former senior party official. Scottish Conservative leader Russell Findlay expressed particular concern, stating: "There appears to be no good reason as to why the Lord Advocate should issue John Swinney with a private warning about the alleged scale of the SNP fraud case – while the public are told the bare minimum."
Findlay further suggested that "something is rotten at the heart of the relationship between John Swinney and Scotland's independent prosecution chief," noting that Dorothy Bain remains a member of the Scottish Government Cabinet despite her prosecutorial role. Scottish Labour leader Anas Sarwar echoed these concerns on social media, describing the situation as "dodgy" and insisting that both Swinney and the Lord Advocate have "serious questions to answer."
Parliamentary Scrutiny and Official Responses
Tory MSP Douglas Ross has announced plans to submit an urgent question in the Scottish Parliament, seeking explanations from the Lord Advocate about her decision to notify the First Minister. Ross emphasized: "This revelation raises serious questions for the Lord Advocate. Dorothy Bain was appointed by the SNP First Minister and sits in Cabinet. I'm lodging an urgent question in the Scottish Parliament and, if selected, the Lord Advocate can explain the motivation behind her extraordinary move."
In response to mounting inquiries, a spokesperson for the Crown Office and Procurator Fiscal Service clarified that the Lord Advocate's communication was intended "to ensure it was understood she was not involved in the case, that it was active for contempt of court, and therefore it should not be commented upon." The spokesperson added that the message was sent formally after the indictment had been served "in order to form part of the record and ensure transparency in due course."
A separate Scottish Government spokesperson reinforced the position that "it would not be appropriate for the Scottish Government to comment on live criminal proceedings," while parliamentary business minister Graeme Dey addressed unrelated questions about the postponement of Murrell's court appearance until after May's Holyrood election, noting that "scheduling of trials is a matter for the independent judiciary."
Broader Implications for Judicial Independence
The controversy highlights ongoing tensions between political oversight and prosecutorial independence within Scotland's legal system. As First Minister Swinney reiterated his commitment to respecting court processes, the episode raises fundamental questions about communication protocols between government officials and independent prosecutors during sensitive criminal investigations. The situation continues to develop as parliamentary scrutiny intensifies and calls for greater transparency grow louder across the political spectrum.
