Dorothy Bain Defends Herself Against Questions About Informing Prime Minister in Murrell Case

Scottish Lord Advocate Dorothy Bain is at the center of a growing political scandal after defending her actions of informing Scottish First Minister John Swinney about criminal charges against Peter Murrell almost a year before their public disclosure. The case concerned details of the charge against Murrell, the former chief of SNP and husband of former First Minister Nicola Sturgeon, for embezzling £459,046.49 from party funds. The revelation of this informal information, conveyed in March 2025, has sparked accusations of a "two-tier justice system." The office of Lord Advocate originates from the historical tradition of Scots law, and its dual role has been indivisible since the 19th century. There have been repeated calls to separate the prosecutorial function from the advisory one to strengthen the perceived independence of criminal prosecution from government politics. In response to parliamentary inquiries, the Crown Office and Procurator Fiscal Service (COPFS) published an unprecedented list of approximately 30 cases in which the Lord Advocate informed the First Minister of Scotland or the Prime Minister of the United Kingdom about proceedings of significant public importance. The list, covering the period since 2007, includes cases related to the 2007 terrorist attack at Glasgow Airport, the investigation into the Lockerbie bombing, and the 2015 death of Sheku Bayoh. The prosecution service argues that Bain acted within her duties, and the purpose of informing the First Minister was to confirm facts in the face of widespread media speculation and to remind government members of the prohibition on commenting on ongoing proceedings. First Minister Swinney defends this practice, citing its long tradition. „That's a long standing principle. The Lord Advocate has applied it in this particular issue and in other issues and it is an entirely appropriate course of action for the Lord Advocate to take.” — John Swinney The political storm intensified after the publication of the latest articles. Scottish Conservative leader Russell Findlay described the disclosure of the list as a "bombshell" and reiterated accusations of privileged access for the political elite. Meanwhile, Swinney himself, in subsequent comments, maintained that Bain's actions were "entirely appropriate" and justified by the circumstances, including the need to prepare the government for potential questions. In a March 2025 note to the First Minister, Bain informed him not only of the charges against Murrell but also of the conclusion of police investigations into Nicola Sturgeon and former SNP treasurer Colin Beattie, against whom no charges were brought. ~30 — Cases in which the Lord Advocate informed the First Minister Peter Murrell has not yet entered a plea of guilty or not guilty, and a preliminary hearing in his case is scheduled for May 25. The entire situation has placed even greater pressure on the office of Lord Advocate, fueling existing calls for its reform and the separation of functions. A debate in the Scottish Parliament is scheduled for the coming days, meaning political pressure on Dorothy Bain and First Minister Swinney is likely to increase. The case represents a serious test for the relationship between politics and the justice system in Scotland and sheds light on the unclear boundaries between government advice and the independence of criminal prosecution.