THE blogger behind Wings Over Scotland has threatened Police Scotland with legal action over the force’s refusal to re-open an investigation into alleged embezzlement by the SNP of funds raised and “ring-fenced” for a second independence referendum campaign.
Between 2017-2019, the SNP raised some £600,000, telling donors the funding was to be used for a second referendum campaign. However, that money was then spent on the “ongoing activities of the Scottish National Party”, First Minister John Swinney confirmed on June 3.
Swinney’s remarks came after Police Scotland had investigated allegations of fraud linked to the “missing £600,000”, and concluded that there was not enough evidence to charge anyone with the crime. However, the probe did uncover embezzlement from the SNP by Peter Murrell – the party’s former chief executive – who is now in jail.
Wings Over Scotland blogger Stuart Campbell has been urging the police, through his lawyers, to re-open the investigation into the “ring-fenced” funding.
In July, Campbell had obtained a legal opinion from Roddy Dunlop KC, the dean of the Faculty of Advocates, which said a civil claim for a fraudulent breach of trust would be “close to irresistible”.
Assuming the alleged facts of the case are proven in court, Dunlop said, “all elements of the crimes of embezzlement under Scots common law are made out”.
Now, Campbell has threatened to petition the Court of Session for a judicial review into whether Police Scotland’s refusal to re-open an investigation is lawful.
A letter from his lawyers at Halliday Campbell, sent to Police Scotland, states that the challenge would be led on the following grounds:
- “Irrationality. The decision that there is no basis for further investigation, where there is clear evidence, openly admitted by the First Minister, of the diversion of trust funds totalling in excess of £600,000, supported by uncontested legal analysis that this constitutes the crime of embezzlement, is a decision which no reasonable Police Constable, acting rationally and in good faith, could have reached.
- “Failure to give reasons. Given the gravity and public importance of the matter, Police Scotland was obliged to give proper, intelligible and adequate reasons for declining to investigate. It has not done so. The assertion that there is no ‘significant new information’ is manifestly unsustainable, given the First Minister’s admission of 3 June 2026.
- “Relevant considerations. Police Scotland has failed to have regard to relevant considerations, including (i) the legal analysis, with which it has not engaged; (ii) the public importance of the investigation of alleged crime by senior figures within the governing party; and (iii) the serious risk to public confidence in the independence of policing in Scotland.”
The letter to the police concludes by saying that, if there has not been a “satisfactory response” within 14 days, then “our client will consider himself free to proceed to lodge a petition for judicial review without further intimation”.
A Police Scotland spokesperson said: “We have received correspondence and will respond as appropriate in due course.”
In a letter on August 14, the force said that "the relevant circumstances, evidential issues and potential criminality were already examined and considered through the investigative and reporting process".
"In these circumstances, Police Scotland does not consider that further criminal enquiries are presently required," it added.
The SNP have previously said that the issues around the £600,000 "were fully explored during the course of the forensic police investigation".
However, the party did offer refunds to anyone who donated to the "ring-fenced" fund last month.
