A row has broken out between Scotland’s police and prosecution services after officers demanded a decision on whether to bring criminal charges against Nicola Sturgeon.
Police insiders have claimed that detectives are becoming increasingly frustrated at the perception they were “dragging their heels” over a probe into SNP finances, when in reality the investigation is said to have been completed several months ago.
It was claimed that police were being unfairly blamed for delays, with the Operation Branchform saga approaching its fourth year.
The Crown Office hit back, claiming that a lack of an “official commentary” on the case “reflects the integrity and fairness at the core of the Scottish legal system”.
Ms Sturgeon, who this week announced her separation from her husband, Peter Murrell, was arrested as part of a fraud probe into SNP finances in June 2023.
Mr Murrell was charged in connection with embezzlement of party funds last April, but it has not yet been confirmed whether his case will progress to court.
With Ms Sturgeon’s announcement that she is divorcing Mr Murrell fuelling speculation about the case, the Scottish Police Federation, which represents front-line officers, said its members were unfairly being blamed for an apparent lack of progress.
Peter Murrell was charged in connection with embezzlement of party funds last April – Wattie Cheung
Responding directly to growing criticism for the first time, the Crown Office said that prosecutors would not be swayed by “external interference”.
A spokesman said: “All criminal investigations in Scotland are conducted confidentially.
“The absence of official commentary reflects the integrity and fairness at the core of the Scottish legal system.
“Prosecutors take decisions independently, free from political influence or external interference, relying on evidence and the law.”
Detectives sent their findings to the Crown Office in August but are still awaiting instructions while their report is considered.
The Crown Office spokesman confirmed that prosecutors were reviewing a prosecution report into a 60-year-old man [Mr Murrell] and said “connected investigations of a man aged 73 and a 54-year-old woman [the former SNP treasurer Colin Beattie and Ms Sturgeon] are ongoing.”
He added: “They [professional prosecutors] will decide the next steps without involvement from the Lord Advocate or Solicitor General.”
Detectives sent their findings to the Crown Office in August but are still awaiting instructions while their report is considered – Robert Perry/Getty Images Europe
On Tuesday, David Kennedy, the general secretary of the Scottish Police Federation, revealed that “the police investigation, as far as we are concerned, has been completed”.
He said that it was “frustrating” to see police being blamed for “dragging their heels”, when charging decisions lay with prosecutors.
He added: “We need the Crown Office to make a decision one way or the other. For the public to move on, they need to know what’s going to happen.”
Figures within the SNP have also begun to demand a resolution, with Tommy Sheppard, the former MP, claiming last week that some voters would refuse to return to the party while the case remains ongoing.
The investigation was launched after about £600,000 in donations from supporters for independence referendum campaigns that Ms Sturgeon promised but never delivered was “missing” from party accounts, despite assurances it would be ring-fenced.
The probe then “moved beyond” the initial allegations to focus on other matters such as potential embezzlement.
Another police insider told the Scottish Daily Mail: “Many of us are frustrated because it reflects badly on us. We’ve done everything we can possibly do, we’ve reported the circumstances, and now a charging decision has to be made.
“It is frustrating because the assumptions are that the police have not done their job, or are dragging their feet, or this is political and so on and so forth. We simply don’t know what’s going on at the Crown Office.”
David Kennedy, the Scottish Police Federation’s general secretary, said it was ‘frustrating’ to see police being blamed for ‘dragging their heels’ – Andrew Milligan/PA Archive
Last month, Ms Sturgeon, who strongly denies any wrongdoing, said that she knew “nothing more” about the police investigation 18 months after her arrest.
Sources close to her have rejected the suggestion that her split from her husband of almost 15 years, which she announced via Instagram on Monday, was in any way linked to the police probe.
On Tuesday, photographs were released showing Ms Sturgeon recently leaving an Edinburgh flat owned by the author Val McDermid, a close friend who she has turned to for advice while writing her memoirs and performed stage shows with.
Insiders close to Ms Sturgeon said that she was still living at her marital home with Mr Murrell, the former SNP chief executive, in Glasgow.
Ms McDermid is said to have offered her use of her New Town flat, which is not the writer’s main residence, for occasions when she needs somewhere to stay in Edinburgh.
Mr Murrell has not publicly addressed the charges against him. Like Ms Sturgeon, Mr Beattie was arrested in 2023 and is yet to find out whether he will face charges.