John Swinney defends lord advocate over Peter Murrell memo

The first minister has defended the lord advocate amid a row about a memo relating to criminal proceedings against former SNP chief executive Peter Murrell.

John Swinney said he had “absolute confidence” in Dorothy Bain KC during a first minister’s questions dominated by reports he received a briefing on the Murrell case before it was made public.

He said Bain had provided him with the information only to make him aware of the risk of contempt of court.

And he told MSPs that he had not asked to be kept updated on the case as it progressed.

Bain, who as lord advocate is both a member of the government and the head of prosecution in Scotland, was summoned to parliament on Wednesday to answer questions about the memo.

A briefing from her private secretary was provided to Swinney on 19 January with details of the charges against Murrell. Details were not made public until a story in the Scottish Sun late last week.

Murrell is alleged to have embezzled over £450,000 from the SNP over a period of 12 years while he was the party’s chief executive. He has not yet made a plea and the preliminary hearing has been scheduled for May.

Bain has recused herself from any involvement in the case and she told MSPs yesterday that minute was not “sent to seek to influence” but was “about informing of a significant element that is entering the public domain”.

She added: “I have had no involvement in this case and any suggestion that I am corrupt or my position is compromised I roundly reject.”

Scottish Tory leader Russell Findlay said her reasoning was “not credible” and the whole affair “smacks of corruption”.

He added: “The lord advocate should have known that handing politically advantageous information about an acutely sensitive criminal case involving Nicola Sturgeon’s husband to the SNP leader was a gross misjudgement.”

The first minister replied: “Dorothy Bain is an outstanding prosecutor, she is an outstanding lawyer, she has 40 years of unimpeachable service to the public interest in Scotland. She alone is responsible for more cases of sexual violence of men against women being brought to justice than any other person.

“I put on record today my absolute confidence in the lord advocate in undertaking her duties.

“And I am disgusted by the way Russell Findlay spoke about her yesterday, and he should be ashamed of himself, and he should withdraw every word of contemptible rubbish that he’s put on the record yesterday and today.”

He reiterated the minute was only sent to ensure he “did not prejudice the proceedings” and he only passed it to those in the government who “speak on my behalf”.

It is understood the memo was forwarded from Swinney’s office to his chief of staff, Colin McAllister, and senior civil servant John Webster. It was later also sent to the first minister’s official spokesperson and the deputy director of news at the Scottish Government.

Swinney said: “If it’s important that I am reminded by the lord advocate that I must be careful and respect the live criminal proceedings, then it is equally vital that those people who are authorised to speak on by behalf have the same information.”

Scottish Labour’s Anas Sarwar also questioned why the memo was provided, adding the information would not have been made public were it not for journalists.

He said: “If The Sun hadn’t published the story, then the only people who would have known the details of this case before the election would have been the Crown, Peter Murrell and bizarrely, because the lord advocate notified them, John Swinney and his SNP advisers. How is that acceptable and not the very definition of political advantage?”

He also asked: “Did the first minister, anyone acting on his behalf, or any SNP adviser ask the lord advocate or any of her advisers at any point to be updated on the prosecution of Peter Murrell?”

In a brief reply, Swinney said: “No.”