Scotland's Lord Advocate is embroiled in a fresh row over her ‘judgment’ after she ‘tipped off’ John Swinney about the case against former SNP chief executive Peter Murrell.
Dorothy Bain, KC, the country’s most senior law officer, told the First Minister about the case before the indictment against Mr Murrell came to light publicly, sparking a row over possible bias.
Ms Bain argued this was established practice but the Mail can reveal her predecessor, James Wolffe, KC, did not inform Nicola Sturgeon about the indictment against Alex Salmond when she was First Minister.
The Crown Office was unable to explain the different approaches but insisted the rules about notifying the First Minister of legal cases were being ‘strengthened’.
Mr Wolffe was contacted for comment.
Last night Scottish Tory MSP for Mid-Scotland and Fife Murdo Fraser said: ‘This revelation raises serious questions over the Lord Advocate’s judgment.
‘There was clearly no precedent for her tipping off John Swinney about a sensitive, high-profile case involving a fellow Nationalist – but she chose to do so anyway.
‘By passing on information that was not in the public domain, the Lord Advocate gave Swinney a clear political advantage.
Dorothy Bain, KC sparked a row over possible bias by telling John Swinney about the case before the indictment against Peter Murrell
Ms Bain published documents revealing she had given details of the case to Mr Swinney in March 2025, as Mr Murrell (pictured) made a private court appearance
‘This tawdry affair highlights the need to split the dual roles of the Lord Advocate.’
Mr Fraser said there was ‘a clear conflict in the same person being both Scotland’s impartial chief law officer and a member of the government’.
In response to the Mail’s request under freedom of information laws, the Crown Office said ‘no correspondence was sent between the Crown Office and Procurator Fiscal Service to the First Minister Nicola Sturgeon regarding the indictment of Alex Salmond’.
Detailed allegations against Ms Sturgeon’s estranged husband only became public knowledge in February when the court indictment – a list of embezzlement charges – was published. But it later emerged Ms Bain had sent an email to the First Minister outlining the charges in January.
In February, Ms Bain published documents revealing she had also given details of the case to SNP leader Mr Swinney in March 2025, as Mr Murrell made a private court appearance.
The Scottish Tories said the new disclosures showed ‘sleekit Swinney’ was getting ‘secret information’ about the ‘highly sensitive’ case.
Ms Bain denied misleading parliament but said: ‘I have identified that there needs to be a more robust approach in identifying and sharing material with Government by prosecutors.’
The Crown Office said it ‘does not hold a record explaining why no notification was sent [to Ms Sturgeon]’, adding: ‘Processes for identifying and sharing material with Government are now being strengthened.’
Mr Salmond was acquitted of a series of sex charges following a trial in 2020.