Questions after cops had to wait two weeks for Nicola Sturgeon house raid approval by Crown amid SNP leadership race
COPS asked for a search warrant for Nicola Sturgeon’s home during the SNP leadership race - but only got the nod after the contest ended, we can reveal.
The Crown Office were made aware of the request on March 20, but it wasn’t until a fortnight later on April 3 that they green-lit the warrant bid and sent it to a sheriff.
It meant the embarrassing swoops on Ms Sturgeon's house and SNP HQ - which ultimately happened on April 5 - couldn’t take place before the heated race ended, with victory for Humza Yousaf.
Scots Tory MSP Russell Findlay said: “Given obvious sensitivities about alleged fraud relating to the party of government, and the husband of the former First Minister, it’s vital any issues about timings and procedures are made clear to the public.”
The Tories questioned the two-week gap between raid requests by detectives probing claims of fraud within the SNP and a sheriff granting the warrants.
It meant Humza Yousaf had already been installed as new First Minister by the time cops swooped on the pad his predecessor shares with her hubby — the party’s ex-chief executive Peter Murrell — and SNP HQ.
A police source has claimed that in cases where there could be “huge political ramifications” then “this would be taken into consideration”.
The revelation is likely to spark speculation about whether the operations, including Mr Murrell’s arrest, may have been delayed by authorities till after the leadership contest — a suggestion the Crown Office denies.
Labour’s Ms Baillie pointed to fears of a possible conflict of interest as the head of the Crown Office, the Lord Advocate — currently Dorothy Bain KC — is also a minister and a member of the Scottish Government cabinet, advising on legal matters.
She said: “This is a very interesting revelation that will lead to raised eyebrows across Scotland.”
“Whilst I accept that the Lord Advocate may not have had a direct influence on the timing, this story underlines why we need to have a serious discussion about separating the role of the Lord Advocate to ensure that no perception of conflict of interest can ever occur.”
Details obtained by The Scottish Sun show that Police Scotland asked the Crown Office — which is overseeing the cop probe — for search warrants for the two swoops on Monday, March 20.
This date marked the start of the final full week of the SNP leadership battle. The contest ended seven days later, on Monday, March 27, when Mr Yousaf narrowly beat Kate Forbes. He formally replaced Ms Sturgeon the next day.
The Crown Office agreed to the police’s warrants request on Monday, April 3, after Mr Yousaf had named his new ministers.
Cops then swooped on Ms Sturgeon’s home and SNP HQ early on Wednesday, April 5. A list of items were reportedly on the warrants and seized during searches.
A police response to a freedom of information request confirmed “that search warrant requests were made on March 20, 2023”. It added that a sheriff granted them “on April 3, 2023”.
The two week wait for warrants
- Wednesday, February 15 - Nicola Sturgeon announces her resignation, triggering leadership race - timetabled later that week to end on March 28.
- Saturday March 19 - SNP chief executive and Nicola Sturgeon’s husband Peter Murrell resigns after a furious backlash over his SNP HQ issuing dodgy membership numbers to media.
- Monday, March 20 - Police Scotland makes search warrant requests to the Crown Office for Nicola Sturgeon and Peter Murrell’s house and SNP HQ.
- Monday, March 27 - end of SNP leadership contest and Humza Yousaf - backed by the Sturgeon hierarchy - is announced as winner in 52/48 final round split over runner-up Kate Forbes.
- Tuesday, March 28 - Ms Sturgeon leaves office as First Minister, formally replaced by Mr Yousaf. He spends the following days forming his new government.
- Thursday, March 30 - Mr Yoyusaf’s first FMQs, followed by Holyrood ending for Easter recess.
- Monday, April 3 - Crown Office agrees to finalised warrant, which is submitted to court and agreed by a sheriff the same day.
- Wednesday, April 5 - Police swoop on Ms Sturgeon’s marital home in Glasgow, arrest husband Peter Murrell, and carry out searches. They also raid SNP HQ in Edinburgh, and separately seize a luxury campervan from Mr Murrell’s elderly mother’s driveway in Dunfermline.
Despite the gap, it’s understood the Crown doesn’t accept there was any kind of delay.
But a police source unconnected to the probe said consideration is given to cases involving “high-profile people” or where major political consequences are a possibility.
The details emerged after debate about whether there is a conflict over the roles of Ms Bain and her No2, Solicitor General Ruth Chateris KC, who is also a minister.
Ex-SNP Justice Secretary Kenny MacAskill has led calls for the positions to be separated.
But the Crown says the Lord Advocate and Solicitor General have no involvement in the SNP fraud case.
We specifically asked why it took prosecutors a fortnight to agree to the police’s warrant requests; whether any significant changes were made between the draft submitted by cops and the version sent to the court on April 3; and if the Lord Advocate and Solicitor General were aware, in the last week of the SNP race, that warrants had been sought.
A spokesperson for the Crown Office and Procurator Fiscal Service said: "COPFS understand the interest in this case but to protect the fair administration of justice we urge restraint in public comment.
"It is standard that any case regarding politicians is dealt with by prosecutors without the involvement of the Lord Advocate or Solicitor General.
"COPFS will continue to work with Police on this ongoing investigation."
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Mr Murrell was arrested, questioned and released without charge on April 3 pending further inquiries. The same happened to ex-SNP party treasurer and MSP Colin Beattie on April 18.
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