Top lawyer Dunlop joins blogger’s legal fight over SNP finances

One of Scotland’s leading lawyers has agreed to work for free in a legal fight aimed at exposing why only Peter Murrell was prosecuted in the SNP’s finances scandal. Roddy Dunlop, who as the dean of the Faculty of Advocates is seen as the country’s most senior KC, is offering his services pro bono in a judicial review being pursued by the pro-independence blogger Stuart Campbell. Most commented 1 TalkTalk deal a ‘stitch-up’ of broadband market, says Virgin Media Companies & Markets 114 comments Campbell, editor of the Wings Over Scotland website, hit a £30,000 crowdfunding target within days to fund the initial stages of the case. He said Dunlop had agreed to work without charge because he found the authorities’ handling of the case “sufficiently troubling”. Stuart Campbell raised £30,000 in three days to initially fund the case Anna Lythgoe for The Times The judicial review will seek to challenge the lack of any prosecution for alleged misappropriation of donations from independence supporters, who donated to fundraising drives for referendum campaigns promised by the former first minister Nicola Sturgeon but then abandoned. Why was Nicola Sturgeon not charged, watchdog asks prosecutors Advertisement Murrell, the former SNP chief executive, was jailed for five years and three months earlier this year for embezzling more than £400,000 from the party he led as chief executive over a 12-year period. However, initial complaints centred around funds solicited by the SNP and supposedly “ring-fenced” for a future referendum, but then spent by the party on other things. Top stories 1 Andrew takes Thames Valley police to court over Jeffrey Epstein investigation Royal family Top stories 1 Six thrilling Costa Rica trips with Times Holidays Promoted content This aspect of the case was investigated by police but later dropped. Senior prosecutors said that the elements needed to bring a fraud case specifically linked to “missing” donations had not been uncovered. Scotland newsletter Your weekend briefing from the Scotland edition of The Times and The Sunday Times. Sign up with one click You’ve successfully signed up to the Scotland newsletter Explore our newsletters An error occurred. Please use the link below. Scotland newsletter Explore our newsletters A legal opinion from Dunlop states that he believes the crime of embezzlement had been committed by the SNP, given funds were provided by independence supporters for a referendum campaign but then “dishonestly” used for general party expenditure. If a criminal case was brought, Dunlop said, an investigation would be needed to identify who personally authorised the use of the “ring-fenced” cash on other matters. However, a culpable individual would not be needed for a civil claim for a fraudulent breach of trust case from any donors to succeed, Dunlop said. He said such a case would be “close to irresistible”, meaning former donors would be entitled to repayment, damages and interest. Campbell said that Scotland was in an “extraordinary, unprecedented situation” where John Swinney, the SNP leader, had appeared to admit the governing party had committed “what appears to be a very serious crime”, yet there had been no prosecution. The first minister confirmed after Murrell’s conviction that cash raised for referendum campaigns had been spent on other “objectives”. Advertisement John Swinney admitted that referendum cash has been spent on other things Jane Barlow/PA The blogger also highlighted contradictory statements from police and prosecutors, who have each publicly suggested the other was responsible for this element of the investigation being dropped. “We’ve tried everything possible to get to the bottom of this by the book,” Campbell said. “We’ve sourced a formal opinion from the most prominent and respected KC in the land, who finds the matter sufficiently troubling that he’s representing us for free. We’ve had our solicitors write to both Police Scotland and COPFS [Crown Office and Procurator Fiscal Service] and we’ve sent FoI [freedom of information] requests. “These are very serious people being fobbed off, not just some oik with a blog. So I don’t think it’s an exaggeration to say that what’s at stake here is nothing less than the entire credibility and integrity of the government and justice system of Scotland.” The SNP raised more than £600,000 from supporters in fundraising drives linked to a future referendum campaign. In some cases, supporters were told any donations would be ring-fenced and only used for a future referendum campaign. However, Sturgeon abandoned plans for a referendum she said would take place by spring 2019 at the latest after SNP losses at the 2017 general election. A later promise to hold a referendum by 2021 also came to nothing. Advertisement Supporters began asking questions after accounts published in 2020 showed the SNP had only £97,000 in the bank, despite previous assurances the cash had been “ring-fenced”. Colin Beattie, the party treasurer at the time, once infamously claimed the cash had been “woven through” the accounts, only for it later to emerge it had been spent. Police said after Swinney confirmed the money had gone that his comments did not constitute significant new information that would prompt the case to be reopened. This is understood to be because the police were already well aware that the SNP had spent the money on other things, and the key issue was whether all of the elements of a crime had been committed. Dunlop has history with the SNP, having represented the Scottish government in a civil case brought by the former first minister Alex Salmond, when he challenged the legality of an investigation over sexual harassment complaints against him. Salmond convincingly won the case after the government botched the investigation, forcing it to concede. Legal advice later released showed Dunlop had repeatedly urged the government to admit defeat, only for senior figures to refuse for months, leading to a huge bill for taxpayers. Campbell raised £30,000 to bring a judicial review within three days of launching an appeal. He plans to apply for a protected expenses order, which would limit liabilities if the case does not succeed. As well as Dunlop working pro bono, he said his solicitors were working at a “greatly discounted rate”. Advertisement The Crown Office said: “We do not comment on potential or threatened legal proceedings. “Peter Murrell was prosecuted and convicted of embezzlement following an extensive investigation. Decisions about prosecution in this case were taken independently by prosecutors and Crown Counsel on the evidence and in accordance with the law.” The SNP and Police Scotland were approached for comment.