OPERATION BRANCHFORM UPDATES

Nicola Sturgeon avoids Police fraud probe question as sources close to investigation say fundraising fraud allegations "may have substance" despite Crown Office slow-walking decisions

Nicola Sturgeon and her husband Peter Murrell, who is the party’s chief executive

For those unaware, Operation Branchform is the Police Scotland investigation into allegations of possible fundraising fraud by the Scottish National Party. The investigation was launched after seven official complaints were registered in July 2021. Put simply, the issue is whether or not approximately £666,953 raised for a Scottish independence campaign were in part improperly spent by the SNP on other activities. Although the SNP continues to deny all allegations, questions continue to remain unanswered and new revelations about a Murrell loan has come to light.

Allegations ‘may have substance’ amid curious Crown Office antics

According to sources close to the fraud investigation, the allegations “may have substance”. This comes amid reports that some officers involved believe criminality may have occurred and wish to question people under caution. Yet it seems the Scottish prosecution service, the Crown Office are echoing views held by senior SNP figures. The Times reported Crown Office officials “are believed to share the view of senior SNP figures who argue that all spending by the party ultimately supports its overall aim of independence.”

Ordinarily that wouldn’t raise my eyebrows particularly, especially since you can make a firm enough legal case on the basis any spending by the SNP is in pursuit of independence and thus no improper spending took place. But when we also take note of the fact the Crown Office previously attempted to stymie the Police investigators from publicly calling their investigation an investigation things begin to become more interesting.

We know from Times reporting that the Crown Office had attempted to change the wording around the investigation into the SNP. The reporting outlined allegations by a source that the prosecution service had lobbied for a change in the wording to be closer to a “fact-finding” exercise rather than a formal investigation.

I for one remain fascinated as to why the Scottish prosecution service has seemed more concerned about sparing the ruling SNP poor media optics than ensuring there can be no whiff of undue interference in the investigation process by the Crown.

But the curious case of the Crown Office’s antics as Operation Branchform has unfolded is only compounded by the fact we are not allowed to get clarity on the matter. The discussions between Scotland’s prosecution service and police force around the ongoing investigation must remain secret. You are not permitted to know as that would not be in the public interest apparently.

The Murrell loan

More recently, the fraud investigation has now confirmed that they have also been asked to look at a loan of £107,620 made in June 2021 by Peter Murrell, the SNP's chief executive and husband to Nicola Sturgeon. Apparently he made this loan to the SNP only after a party meeting discussed the funding being looked at by the police.

Scottish Tory sources have expressed their bemusement to me following the “extraordinary coincidence” about Mr Murrell's loan being made the day after the referendum appeal was discussed. And they have a point, especially given the loan in question was reported to the Electoral Commission late.

But thus far answers there are none - at least not publicly - from either Ms Sturgeon or her husband Peter Murrell. When asked by BBC Glenn Campbell probed the outgoing First Minister she refused to comment about whether or not she expects to or has already been interviewed by the Police

Glenn Campbell: “Just one factual point. Have you been, or do you expect, to be interviewed by the police who are looking into your party’s finances?”

Nicola Sturgeon: “I’m not going to discuss an ongoing police investigation. I wouldn’t do that on any issue and I’m not going to do it now.”

This disinclination to comment on whether or not the Police have already interviewed her isn’t the only area where Ms Sturgeon demonstrates a lawyerly caution. When The Herald’s Tom Gordon pressed her on the loan issue directly, Ms Sturgeon claimed not to recall when she first learned of the loan. She also added a curious line about “what he does with his resources is a matter for him”. This is quite the line being offered given we’re talking about a £107,000 loan given by her husband (and party chief executive) to the political outfit she leads.

Peter Murrell, SNP chief executive, loaned £107,620 in June 2021 to his own political party the day after party leadership held a meeting where discussions unfolded concerning the funding allegations were to be looked at by police.

Eventually the retiring First Minister will have to answer questions with greater specificity, if not to journalists then certainly to the Police investigators. What she knew and when she knew it in relation to the Murrell loan to the SNP is now part of ‘Operation Branchform’ fraud investigation.

Interviews incoming

I understand that officers involved in Branchform have been seeking direction from the Crown Office for some time concerning whether to interview figures including the SNP’s chief executive, Peter Murrell, Nicola Sturgeon’s husband, as suspects or as witnesses.

However the Crown Office has insisted on taking its time. It seems the prosecutors have been determined they need to take more time to consider how to proceed. This is despite the investigation already running for 18 months, concerning allegations which first emerged more than three years prior. The Crown Office however seems dead -set on prolonging the investigation, although now that the First Minister is resigning, perhaps the prosecution service will reach decisions with greater rapidity?

The investigation continues to be ongoing.