Swinney was told of Murrell charges weeks before they became public

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Angus CochraneSenior political journalist, BBC Scotland

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Former SNP chief executive Peter Murrell is yet to respond to the criminal charges

First Minister John Swinney was given details of a criminal charge against former SNP chief executive Peter Murrell weeks before it became public.

Scotland's top law officer told Swinney on 19 January that Murrell had been accused of embezzling almost £460,000 from the party, the Scottish Sun reported.

It was not until 13 February that details of the indictment were first published in the media.

Murrell, 61, is yet to make a plea, with a preliminary hearing scheduled for 25 May.

Lord Advocate Dorothy Bain - who has a dual role as the country's most senior law officer and a Scottish government minister - notified Swinney in an email on 19 January that Murrell had been indicted that day.

As well as giving the sum of the funds allegedly embezzled, the Sun reported the memo reiterated a "longstanding tradition" that the lord advocate would not be involved in decisions about a case involving a politician.

The Crown Office and Procurator Fiscal Service (COPFS) said Bain had sent the email to ensure transparency.

The email was sent on to senior civil servants and special advisers, according to the Sun.

Getty Images Dorothy Bain, who has light brown curly hair, walks while holding a black folder. She is wearing a black suit jacket over a yellow top, and in front of a large painting with a gold frame hanging on a wall. Getty Images

Lord Advocate Dorothy Bain has a dual role as chief of the prosecution service and a minister in the Scottish government

Murrell, the estranged husband of former first minister Nicola Sturgeon, stepped down as SNP chief executive in 2023 after more than two decades in the role.

He was arrested that year as part of Operation Branchform, a police investigation into SNP finances. He was charged with embezzlement in April 2024.

Murrell is accuse of embezzling £459,000 from the party between August 2010 and January 2023.

Details of a charge against him - including the illicit purchase of luxury goods, two cars and a motorhome, using party funds - were first reported in the media last week.

Murrell had been expected to appear at the High Court in Glasgow for the hearing on Friday, but it has been postponed to 25 May at the High Court in Edinburgh.

PA Media John Swinney, who is bald and wearing glasses, in a close-up shot against a white background. PA Media

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."

The COPFS said previously that Bain and her deputy, Solicitor General Ruth Charteris Charteris, were not involved in the Murrell case because it involves politicians.

A spokesperson for the COPFS said: "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."

The Scottish government said it would not be appropriate to comment on live criminal proceedings.

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