Scotland’s top prosecutor is facing calls to explain why John Swinney was given details of the charge against former SNP chief executive Peter Murrell before they were made public.
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 Murrell was accused of embezzling almost £460,000.
The details of the indictment against Nicola Sturgeon’s estranged husband were not published until February 13.
The Conservatives are now saying the Lord Advocate, who leads the Crown Office prosecution service and is part of the Scottish Government, must explain her message to the First Minister.
The Crown Office have said the Lord Advocate was not involved in decisions on Mr Murrell’s case and her email was “in order to form part of the record and ensure transparency in due course”.
Murrell is accused of embezzling the funds from the party between August 2010 and January 2023.
The Sun reported that the Lord Advocate’s message was passed on to others within the Scottish Government.
Scottish Conservative leader Russell Findlay said: “There appears to be no good reason as to why the Lord Advocate should issue John Swinney with a private warning about the alleged scale of the SNP fraud case – while the public are told the bare minimum.
“This extraordinary revelation suggests something is rotten at the heart of the relationship between John Swinney and Scotland’s independent prosecution chief, who remains a member of his cabinet.
“Yes, Nicola Sturgeon’s husband is on trial, but that’s got nothing to do with John Swinney, so it’s hard to understand why he should get special treatment from the Crown Office.”
Scottish Labour leader Anas Sarwar posted on X, formerly Twitter, about the Lord Advocate’s message to the First Minister, saying: “This looks dodgy. John Swinney and the Lord Advocate have serious questions to answer.”
This looks dodgy. John Swinney and the Lord Advocate have serious questions to answer. https://t.co/iABl3w1Pou
— Anas Sarwar (@AnasSarwar) February 18, 2026
Tory MSP Douglas Ross will be submitting an Urgent Question in the Scottish Parliament on the issue on Wednesday.
Mr Ross said earlier: “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.”
Business minister Graeme Dey told MSPs: “Scheduling of trials is a matter for the independent judiciary and the Scottish Courts and Tribunals Service.”
Asked about the email to the First Minister, a spokesperson for the Crown Office and Procurator Fiscal Service told Press Association: “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.”
Earlier on Tuesday, 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.
Parliamentary Business Minister Graeme Dey said: “Scheduling of trials is a matter for the independent judiciary and the Scottish Courts and Tribunals Service.”
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