Lord Advocate denies 'corruption' as row emerges over SNP Peter Murrell briefing note

Scotland’s top prosecutor has denied she has handed John Swinney and the SNP a political advantage.

The Lord Advocate has denied “corruption” after refuting claims she handed the SNP a political advantage after it was revealed she updated John Swinney on the criminal case relating to former party chief executive Peter Murrell.

Dorothy Bain addressed MSPs in Holyrood after it was revealed she notified Mr Swinney on January 19 that Mr Murrell was formerly accused of embezzling money from the SNP.

Lord Advocate Dorothy Bain KC in the Scottish Parliament. Picture: Jane Barlow/PA Wireplaceholder image
Lord Advocate Dorothy Bain KC in the Scottish Parliament. Picture: Jane Barlow/PA Wire

The details of the indictment against Nicola Sturgeon’s estranged husband were not published until February 13.

Scottish Conservative leader, Russell Findlay, accused Ms Bain and the Scottish Government of “corruption”, adding that the situation “undermines public trust in the office of Lord Advocate – who’s supposed to be politically neutral”.

Scottish Conservative leader Russell Findlayplaceholder image
Scottish Conservative leader Russell Findlay | PA

Mr Findlay asked Ms Bain if she had thought about quitting.

In response, she said: “I am not considering my position.”

Ms Bain added: “It was not a minute that was sent to seek to influence, it was a minute that was for information and the protection of the process. It’s about informing of a significant development which is entering the public domain.

“I have had no involvement in this case. Any suggestion that I am corrupt or my position is compromised, I roundly reject.”

Peter Murrell, pictured in 2020placeholder image
Peter Murrell, pictured in 2020 | PA

Earlier, Ms Bain told MSPs that she did "not confer any political advantage" to the SNP after sending the minute to the First Minister, arguing that her note, now published by the Scottish government, was "not a briefing" but "a notification".

She added: “I did not brief the First Minister in relation to the prosecution of Mr Murrell.”

Ms Bain said that informing Scottish ministers of cases was done “as a matter of course, on a case by case basis”.

She told Holyrood that there were other examples of information being shared with ministers, which would be made public.

Scottish Labour MSP, Michael Marra, claimed that “early access to this information does confer political advantage”.

Scottish Labour finance spokesperson Michael Marraplaceholder image
Scottish Labour finance spokesperson Michael Marra | Getty Images

He added: “In sending this information to the First Minister, she has compromised them both.”

During a visit to a mental health charity in Perth on Wednesday, Mr Swinney was asked why he was given advance sight of the charge.

He told the Press Association: “This is a live criminal case and I’m not going to make any comment.”

First Minister John Swinneyplaceholder image
First Minister John Swinney | Peter Summers/Press Association

When asked why the charge was not made public earlier, he gave the same statement.

The First Minister was then asked if he would be making a statement on the issue at some point.

He said: “Parliament has got to be very clear about the importance of respecting the independence of the criminal process within our country and within our courts, and I intend to respect that.”

Asked about the email to the First Minister, a spokesperson for the Crown Office and Procurator Fiscal Service said: “The Lord Advocate provided the First Minister with an update 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.

“This message was sent formally after the indictment had been served in order to form part of the record and ensure transparency in due course.

“Once an indictment has been served on an accused, it stands to become public at any point.”

A Scottish Government spokesperson said: “It would not be appropriate for the Scottish Government to comment on live criminal proceedings.”

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