SNP to launch legal action against Murrell over embezzlement

The SNP’s ruling body, the National Executive Committee (NEC), held a meeting on Wednesday where a proposal put forward by First Minister John Swinney was agreed to, according to ITV Border.

Who is Peter Murrell, the former SNP chief executive, accused of embezzlement?

Senior SNP sources stated the NEC backed the First Minister’s proposals, with the party set to apply to the courts for a compensation order through the Proceeds of Crime Act 2002.

The Crown Office is lodging a confiscation order under the legislation, which allows authorities to seize illegally obtained assets, with the SNP set to apply for a compensation order to regain access to the cash.

It can be a lengthy process with NEC members believing it could take up to four years to conclude.

During Murrell’s narrative hearing, where excruciating detail of his crimes was outlined, his senior counsel John Scullion KC said he expects Murrell to be able to repay the embezzled sum when his assets are unfrozen.

A senior SNP source told ITV Border: "This was a full and frank discussion of the whole NEC, called at the request of the party leader, with members hearing directly from the party's solicitors and being given the opportunity to ask detailed questions on the party’s legal options. 

“That in itself is testament to the strengthening of party governance and transparency there has been under John Swinney. 

"The NEC were unanimous in their position that we should seek to recover the funds stolen from us by Peter Murrell. 

“While that process might take some time, if it is successful, it will mean that money donated in good faith to the SNP will be spent how it always should have been, on helping to secure Scottish independence.”

First Minister John Swinney speaks to the media (Image: PA)

During the private meeting, Mr Swinney proposed the party initiate legal proceedings to be granted compensation from Murrell, with another NEC source stating senior SNP figures were “worried people [who donated to the independence fundraisers] will ask for their money back”.

It is understood Mr Swinney’s party will lodge a secondary civil legal case against Murrell but immediately suspend it, only using it if “something goes wrong” with the proceeds of crime action.

Murrell’s 12-year spending spree was unearthed as part of Operation Branchform, the police investigation into how £667,000 of ring-fenced independence funds were spent.

A spokesman for the party said: “Last night, NEC members met for a discussion and to hear from the party’s solicitors on how we proceed in the best interests of our party, our members and the cause of independence.

“The meeting was called by John Swinney and it was unanimously agreed by NEC members that the SNP will seek to recover the money that was stolen from us by Peter Murrell.

“The meeting last night reflects the substantial governance structures and strengthened transparency put in place under John Swinney’s leadership and our solicitors will now begin action in court to recover that money.

“Our party was betrayed by Peter Murrell and, while this may take some time, if we are successful we will use that money for the purpose in which it was donated – securing Scotland’s rightful place as an independent country.”

During the narrative hearing on Tuesday, Mr Scullion told the court that Murrell’s assets were frozen following a restraint order granted through the Proceeds of Crime Act 2002.

“The value of the property restrained in terms of the petition suggests that there will be repayment of the sum embezzled in this case,” the KC said.

The KC will set out further details in mitigation during the June 23 sentencing, with a social work report on Murrell being prepared before then.

However, The Herald revealed that Murrell will still be able to access taxpayer-funded legal aid.

He was granted access to legal aid last year after his assets were frozen and while he will be able to use those funds to repay his embezzlement, he will not be instructed to cover the costs of his legal fees as criminal legal aid does not typically allow the Scottish Legal Aid Board to “clawback” funds.

On Wednesday, Mr Swinney announced the £600,000 sum acquired through donations to a ringfenced independence fund had been spent on general party business, including elections.