Swinney was told of Murrell charges weeks before they became public

First Minister John Swinney was given details of a criminal charge against former SNP chief executive Peter Murrell weeks before it became public.

Scotland’s top law officer told Swinney on 19 January that Murrell had been accused of embezzling almost £460,000 from the party.

It was not until 13 February that details of the indictment were first published in the media.

Murrell, 61, is yet to make a plea, with a preliminary hearing scheduled for 25 May.

Lord Advocate Dorothy Bain – who has a dual role as the country’s most senior law officer and a Scottish government minister – notified Swinney in an email on 19 January that Murrell had been indicted that day.

The memo – first reported by the Scottish Sun and seen by BBC Scotland News – reiterated a “longstanding tradition” that the lord advocate would not be involved in decisions about a case involving a politician.

The email was passed on to senior civil servants and special advisers, according to the Sun.

The Crown Office and Procurator Fiscal Service (COPFS) said Bain had sent the memo to ensure transparency.

Swinney insisted he would respect “the independence of the criminal process within our country and within our courts”.

Operation Branchform

Murrell, the estranged husband of former first minister Nicola Sturgeon, stepped down as SNP chief executive in 2023 after more than two decades in the role.

He was arrested that year as part of Operation Branchform, a police investigation into SNP finances. He was charged with embezzlement in April 2024.

Murrell is accused of embezzling £459,000 from the party between August 2010 and January 2023.

Details of a charge against him – including the illicit purchase of luxury goods, two cars and a motorhome, using party funds – were first reported in the media last week.

Murrell had been expected to appear at the High Court in Glasgow for the preliminary hearing on Friday, but it has been postponed to 25 May at the High Court in Edinburgh.

The Scottish government insisted it had no involvement in the decision to push back the hearing, which will now take place after the Holyrood election on 7 May.

Scottish Conservative leader Russell Findlay has called for the lord advocate to explain to parliament why she sent the memo.

He said: “Why were the public kept in the dark while John Swinney was given a detailed private briefing which he then shared with civil servants and SNP spin doctors?

“An SNP minister has already denied any government meddling around delays to the case, but these new revelations will only fuel public suspicion and concern.”

Scottish Labour leader Anas Sarwar also called for Bain to appear before MSPs.

In a letter to the law officer, he raised concerns that her dual role was “structurally vulnerable in high-profile or politically sensitive cases”.

“It appears to many that your act was designed to confer clear political advantage in the run up to an election,” Sarwar wrote.

“Scotland’s top prosecutor cannot be involved in conduct that allows any party to gauge political exposure from a live indictment, or appears to do so, and still expect public confidence to hold.”

The COPFS said previously that Bain and her deputy, Solicitor General Ruth Charteris, were not involved in the Murrell case because it involves politicians.

A spokesperson for the COPFS 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.”

The Scottish government said it would not be appropriate to comment on live criminal proceedings.