Scotland’s top law officer, Lord Advocate Dorothy Bain KC, has unequivocally dismissed suggestions that she is considering her position, despite facing intense parliamentary scrutiny over an email related to a criminal charge against former SNP chief executive Peter Murrell. Appearing before MSPs, Ms. Bain robustly defended her actions, asserting that her communication was aimed at ensuring proper procedure rather than influencing the ongoing investigation.
The Heart of the Controversy
The Lord Advocate was grilled by Holyrood’s Criminal Justice Committee regarding an email she sent to prosecutors following the arrest and subsequent charge of Peter Murrell in connection with the ongoing police investigation into the Scottish National Party’s finances, known as Operation Branchform. Critics, particularly opposition MSPs, have raised concerns that the email could be perceived as an attempt to interfere with the independence of the Crown Office and Procurator Fiscal Service (COPFS), which Ms. Bain heads. The apprehension stems from the delicate balance required to maintain public confidence in the impartiality of the justice system, especially when high-profile political figures are involved.
Lord Advocate’s Defence
In her testimony, Ms. Bain staunchly defended her constitutional role and the integrity of the prosecution service. She clarified that her email was a standard procedural communication, intended to ensure that all necessary protocols were meticulously followed in a case of significant public interest. She emphasised that her actions were consistent with her duties to uphold the rule of law and protect the independence of prosecutorial decisions, rather than to exert any undue influence. “I am not considering my position,” Ms. Bain stated firmly, reiterating her commitment to her role and the principles of justice. She underscored that the Crown Office operates independently of political interference, a cornerstone of Scotland’s legal system.
Political Repercussions and Public Trust
Despite her assurances, opposition parties continued to press the Lord Advocate on the matter, highlighting the importance of transparency and accountability. Questions were raised about the potential for the incident to erode public trust in the justice system, particularly given the sensitive political context surrounding the SNP’s finances. MSPs from various parties stressed the need for absolute clarity regarding the boundaries between the Lord Advocate’s executive and prosecutorial functions. The session concluded with Ms. Bain maintaining her stance, affirming her belief that her conduct was entirely appropriate and within the bounds of her responsibilities as Scotland’s principal legal adviser and head of the prosecution service.
