Swinney reportedly had ‘private briefing’ from prosecutor on Murrell charges

John Swinney received a “private briefing” from Scotland’s top prosecutor last month on the amount Peter Murrell is alleged to have embezzled from the SNP, it has been reported.

On Tuesday evening, the Sun newspaper said it had seen an email showing Lord Advocate Dorothy Bain notified the First Minister on January 19 that the former party chief executive was accused of embezzling almost £460,000.

This was despite the fact details of the charges against Nicola Sturgeon’s ex-husband were not made public until February 13.

Murrell is accused of embezzling the funds from the party between August 2010 and January 2023, according to an indictment seen by the Press Association and first reported in The Sun.

Responding to the story on social media, former Scottish Conservative leader Douglas Ross said: “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.”

This was echoed in a post by fellow Conservative Rachel Hamilton, who said: “This absolutely stinks.

“I thought the Crown Office was meant to be independent of SNP ministers?

“Why did the First Minister get a private briefing before the public were informed? Why preferential access?

“This raises serious questions about transparency in secret SNP Scotland.”

The story emerged on the same day the government faced questions about the postponement of Murrell’s next court appearance until after May’s Holyrood election.

He had been expected to appear at the High Court in Glasgow for a preliminary hearing on February 20, but the hearing has now been moved to May 25 at the High Court in Edinburgh.

Speaking in the chamber on Tuesday, Mr Ross asked “if anyone who works for the Scottish Government, including ministers, special advisers or civil servants, were involved in discussions concerning the postponement of the trial of Peter Murrell until after the Scottish Parliament election in May?”

Business minister Graeme Dey said: “There have been no discussions. Scheduling of trials is a matter for the independent judiciary and the Scottish Courts and Tribunals Service.”

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.”