Operation Branchform cannot go on indefinitely, defence lawyer says

“The clock is running” to prosecute Nicola Sturgeon’s husband in connection with the alleged embezzlement of SNP party funds, a defence advocate has said.

Peter Murrell, 59, was charged in April by police as part of Operation Branchform, a long-running investigation into SNP finances, but prosecutors from the Crown Office have yet to issue information over further action.

In Scotland, a police charge is a preliminary step before prosecutors decide whether to take the case to court.

Murrell, who was chief executive of the SNP for 23 years, married former first minister Sturgeon in 2010 and has been arrested twice during the SNP finance investigation.

The couple share a home in Uddingston, South Lanarkshire, which was searched by police and forensics officers.

Sturgeon was also questioned in June 2023, but was not charged.

Scottish criminal defence lawyer Thomas Leonard Ross KC told Sky News the probe “cannot go on indefinitely”.

He said: “Once somebody is charged then they have the right to a trial within a reasonable time.

“Before a person is formally charged, there might be an argument as to whether the clock is efficiently running.

“There is absolutely no doubt that it is running in relation to Mr Murrell, so certainly the police and Crown Office have to be alive to that.

“The police inquiry cannot go on indefinitely.”

Nationalist campaigner Sean Clerkin triggered the investigation in 2021 after raising concerns about more than £600,000 raised for a second referendum.

Mr Clerkin told Sky News he had received death threats, and urged that the probe be finished before the Scottish Parliament elections in 2026.

He said: “All these years down the line I have been persecuted by nationalists on social media and at rallies, threatening to do me in, threatened to take me out. I have had death threats.

“This case has to be wound up by the end of this year. In terms of the investigation, for us to have free and fair elections in 2026 without this hanging over any of the pro-independence parties.”

An SNP spokesman said: “While the police investigation has reportedly been completed and passed over to the Crown Office, the case remains active and it would be inappropriate to comment.”

A spokesperson for the Crown Office and Procurator Fiscal Service said: “A standard prosecution report has been received by the Crown Office and Procurator Fiscal Service from Police Scotland in relation to a 59-year-old man and incidents said to have occurred between 2016 and 2023.

“Connected investigations of two other individuals, a man aged 72 and a 53-year-old woman, remain ongoing.

“Professional prosecutors from COPFS and independent counsel will review this report. They will make decisions on the next steps without involving the Lord Advocate or Solicitor General. All Scotland’s prosecutors operate independently of political influence.

“Before deciding what action to take, if any, in the public interest, prosecutors will consider if there is enough evidence. There must be evidence from at least two separate sources to establish that a crime was committed and that the person under investigation was the perpetrator.

“This evaluation will involve a thorough examination of the numerous witness statements and extensive evidence collected by police. Prosecutors may instruct the police to conduct further investigations before taking a decision.

“Decisions on how to proceed are taken by prosecutors acting independently and are based upon available evidence, legal principles, and the merits of each case. They are not influenced by political events.

“When making a decision, prosecutors will consider all the specific facts and circumstances of a case. The criteria for decision making and the range of options available to prosecutors are set out in the publicly available Prosecution Code.”