Lord Advocate: I discharge my duties independently of any other person and independently of any political interference

by Bill Heaney

Why was First Minister John Swinney told that suspects arrested on alleged embezzlement charges as part of Operation Branchform were not being charged, before the individuals themselves had been notified.

Operation Branchform was the widespread police inquiry into a large sum of money being embezzled from the funds of the Scottish Nationalist Party whose chief executive was Peter Murrell, husband of the then First Minister Nicola Sturgeon.

Former Scottish Conservative party leader Douglas Ross asked the Government today (Thursday) for what reason the Lord Advocate Dorothy Bain KC briefed the First Minister that suspects arrested on alleged embezzlement charges as part of operation branchform were not being charged, before the individuals themselves had been notified.

She told MSPs: “I provided the First Minister with relevant information on that investigation when procedural milestones were reached and when information may have become public.

“Communication on 20 March 2025 was synchronised around an appearance in court and the notification to two suspects by police that they were not being reported to the procurator fiscal.

“In the event, communications from my office to the First Minister, from Police Scotland to the suspects and from the Crown Office and Procurator Fiscal Service to the media were all made within a few minutes of one another.

“I am satisfied that established processes were followed and that actions were handled properly.”

Douglas Ross replied: “I am confused by that answer from the Lord Advocate, because she claims that the communication was synchronised, but we know definitively that she briefed John Swinney before the suspects were told that no charges would be continued.

“Does the Lord Advocate understand the concern about the political leadership of the Scottish Government being informed before suspects?

“Does she have any concerns that her actions in briefing the First Minister on two separate occasions could jeopardise the ability of the Crown or the defence to call John Swinney as a witness in that case of alleged embezzlement?”

The Lord Advocate, left, said:”I am here as Lord Advocate. I discharge my duties in that office independently of any other person and independently of any political interference.

As I have explained previously, the Lord Advocate of the day may provide the First Minister of the day or, indeed, the Prime Minister or other minister with information on casework or investigations.

“That is done irrespective of the political party of the recipient of the information. It is done in the proper administration of the system, and I have provided the Parliament with examples of that happening.

“The Lord Advocate does not brief political parties; the Lord Advocate advises constitutional office-holders of information that they require to be aware of.

“I am satisfied that established processes were followed and that actions have been handled properly.”