Russell Findlay: Scotland starting to resemble banana republic without bananas

Scotland is “beginning to resemble a banana republic without the bananas”, the Scottish Conservative leader has claimed as he continued his attacks against the country’s top law official.

Russell Findlay questioned why the Lord Advocate reportedly told the First Minister that an investigation into Nicola Sturgeon had been dropped before Ms Sturgeon found out.

Dorothy Bain has come under increasing criticism from Labour and the Tories after it emerged she informed John Swinney of the charges against former SNP chief executive Peter Murrell 10 months before they were made public.

A report later suggested she told Mr Swinney the probe into Nicola Sturgeon, Mr Murrell’s former wife, had been dropped, before she was made aware.

The revelations have seen the Tories accuse the Lord Advocate of “corruption”.

Some of Scotland’s top lawyers, including the dean of the faculty of advocates, have rejected those claims as “entirely baseless”.

Speaking to the Press Association in Edinburgh, Mr Findlay attacked Ms Bain for updating the First Minister on the investigation into the SNP.

He said: “Scotland is beginning to resemble a banana republic without the bananas.

“Why on earth would Scotland’s most senior law officer think it appropriate to go running to the First Minister to tell him the criminal charges that were not going to be taken against his predecessor, who is the same woman who appointed the Lord Advocate to the role, before giving the courtesy of telling the person who’s subject to the investigation – that being Nicola Sturgeon.

“It’s up to Nicola Sturgeon to decide whether she thinks that’s acceptable from her perspective but, anyone looking from the outside at the criminal justice system, and looking at this weird and inappropriate overlap of the dual role of the Lord Advocate, can see that it stinks to high heaven.

“We’ve already seen the Lord Advocate, on two occasions, passing John Swinney sensitive information about a criminal case that was deprived to the paying public, to politicians, to the media, but it was John Swinney was getting told.

“I think, once and for all, this brings into sharp focus that the Lord Advocate’s dual role is untenable.

“Now John Swinney is resistant, partly, I suspect, because it suits him and his Government to have this dual role – it’s to their benefit.

“He’ll keep resisting, the Scottish Conservatives will still keep campaigning to end this dual role.”

The dual role means that whoever holds the position of Lord Advocate is both Scotland’s chief prosecutor and the Scottish Government’s principal legal adviser as a Cabinet minister.

Splitting the role fully would likely require Westminster legislation.

Kemi Badenoch, UK Tory leader, has promised to end the dual function if she becomes prime minister at the next election.

Scottish Labour has also criticised Scotland’s top prosecutor in recent weeks, with the party’s leader saying on Monday it was “not right” for the First Minister to receive updates on criminal investigations from the Lord Advocate before others are told.

Anas Sarwar told PA the notification surrounding Ms Sturgeon’s case “raises serious questions” about information passed to the Government.

“It brings into question the dual mandate, of course, and that’s why we have to end the dual mandate,” he said.

“But it also brings into question, what is political and what is not political?

“I don’t think it’s right that the First Minister gets prior knowledge to anyone that’s being investigated about what the outcome of that investigation is.

“I don’t think it’s appropriate that the First Minister gets private information that is not in the public domain.

“I don’t think that’s appropriate or right.”

The Scottish Government and the Crown Office have been approached for comment.