John Swinney was told the Operation Branchform investigation into Nicola Sturgeon had been dropped before the former first minister, new reports reveal, as the Lord Advocate row deepens.
Dorothy Bain KC, who has a dual role as the Scottish Government’s principal legal adviser and as the chief prosecutor for the Crown Office, has come under intense scrutiny for providing Mr Swinney with memos on Peter Murrell twice in a year.
However, Ms Bain updated the First Minister of the case at 12.43pm on March 20, 2025 – minutes after Mr Murrell, the former SNP chief executive accused of embezzling almost £460,000, appeared in court, according to the Scottish Sun.
Ms Sturgeon’s lawyer was told by police that she would not be charged and the investigation into her had been dropped around seven minutes after Mr Swinney was told.
Ms Bain’s memo to Mr Swinney said: “Nicola Sturgeon MSP and Colin Beattie MSP were not reported to the procurator fiscal for prosecution.”
It also informed the First Minister that Mr Murrell had appeared at Edinburgh Sheriff Court charged with “embezzling over £460,000 from the SNP”.
After Ms Sturgeon’s solicitor was informed she was in the clear, the Crown Office issued a statement saying that Mr Murrell had been charged but did not state the sum, only that it was an embezzlement charge.
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And 30 minutes later, Police Scotland confirmed Ms Sturgeon and Mr Beattie were “no longer under investigation”.
Scottish Labour deputy leader Jackie Baillie said: “This new disclosure now only adds to the stench surrounding this entire affair.
“This SNP Government is drowning in sleaze and cover-ups.”
Scottish Tory leader Russell Findlay said: “Not only is John Swinney getting information before the paying public, he’s getting it before his close pal and ex-boss.
“The Lord Advocate should not be whispering sensitive secrets about Nicola Sturgeon’s husband’s case into the ear of John Swinney.”
A spokesman for the Crown Office and Procurator Fiscal Service said: “The Lord Advocate provided the First Minister with limited factual information to protect proceedings.
"The matter of a few minutes in timing between communications does not alter the substance or integrity of their handling. Communication by police is a matter for them.
"Scotland's prosecutors act independently and in the public interest in all cases.
"COPFS understand there is significant interest in this matter which is active under the Contempt of Court Act 1981.
He added the Lord Advocate and Solicitor General was “not involved in decisions on this case”.
A Scottish Government spokesman said: “The Lord Advocate may provide the First Minister with appropriate information on investigations.
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“Law Officers operate with integrity and entirely independently of any other person as they undertake their prosecutorial functions.”
Police raided the home of Ms Sturgeon and her now estranged husband Mr Murrell in April 2023, and Mr Murrell was arrested before being released pending further investigation. He was later charged with embezzlement in April 2024.
Ms Sturgeon was arrested in June 2023 but the case against her – and former SNP treasurer Colin Beattie MSP – was dropped in March 2025.
The Lord Advocate updated Mr Swinney on the details on January 19 this year, with the top legal officer stating she did so to remind the First Minister the case was active and subject to contempt of court.
It was thought this was the first time Mr Swinney had been given a memo on the case, but it later emerged Ms Bain had written to the First Minister almost a year earlier.
The top KC appeared before parliament to explain the reasoning for this, where she appeared to suggest she had forgotten the March 2025 memo.
She told MSPs that she not “in the time available before answering the urgent question, seen the March 2025 document.”
She then clarified: “I had not seen the document since it was sent.”
She added: "It would have been quite improper for me to make a whimsical or ill informed reference to a document that I hadn't seen before entering the Chamber and being asked in an unprecedented way in relation to a live case."
Following First Minister’s Questions (FMQs) on Thursday, Mr Swinney’s official spokesman was asked whether Mr Swinney was “content” by the Lord Advocate’s responses to MSPs. He replied: “The FM is content with her answers.”
The spokesman could not confirm whether Mr Swinney had also forgotten he had been sent the March 2025 memo, stating the question was yet to be put to the First Minister.
Opposition MSPs have urged the Scottish Government to split the role of the Lord Advocate.
