Almost £460,000 embezzlement charges - why did Swinney know weeks before you?

John Swinney was emailed details of the charge against Peter Murrell before it was made public (Peter Summers/PA) Peter Summers

First Minister John Swinney received advance notice of criminal charges against former SNP chief executive Peter Murrell weeks before the public learned of them, sparking opposition demands for Scotland's top prosecutor to explain why. Swinney has refused to comment on the January 19 email from Lord Advocate Dorothy Bain, citing the need to respect judicial independence.

Murrell faces charges of embezzling almost £460,000 from the Scottish National Party between August 2010 and January 2023. The indictment details were not released publicly until February 13, nearly a month after Swinney was informed.

The early notification has ignited a political controversy. Lord Advocate Dorothy Bain, who leads the Crown Office prosecution service, is a member of the Scottish Government's Cabinet – raising questions about the relationship between the executive and the supposedly independent prosecution service.

Opposition calls for answers

Scottish Conservative leader Russell Findlay challenged the notification. «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,» he said. «This extraordinary revelation suggests something is rotten at the heart of the relationship between John Swinney and Scotland's independent prosecution chief, who remains a member of his Cabinet.»

Labour leader Anas Sarwar wrote on X: «This looks dodgy. John Swinney and the Lord Advocate have serious questions to answer.» Tory MSP Douglas Ross announced plans to submit an urgent question in the Scottish Parliament, demanding Bain explain «the motivation behind her extraordinary move».

Government defends the notification

The Crown Office defended the Lord Advocate's actions. A spokesperson told PA the email was sent «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 message was «sent formally after the indictment had been served in order to form part of the record and ensure transparency in due course».

Swinney declined to address the controversy. Speaking to the Press Association on Wednesday during a visit to a mental health charity in Perth, he said: «This is a live criminal case and I'm not going to make any comment.» He added: «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.»

Court date moved after election

Murrell's preliminary hearing has been rescheduled from this Friday to May 25 at the High Court in Edinburgh – after the May Holyrood election. The venue has also changed from Glasgow to Edinburgh. Parliamentary business minister Graeme Dey said scheduling of trials «is a matter for the independent judiciary and the Scottish Courts and Tribunals Service».

Murrell is the estranged husband of former First Minister Nicola Sturgeon. The Lord Advocate's message to Swinney was reportedly passed on to other individuals within the Scottish Government.

Note: This article was created with Artificial Intelligence (AI).