Roddy Dunlop KC to act pro bono in SNP finance scandal challenge

Mr Dunlop is offering his services pro bono in a judicial review being brought by Mr Campbell, editor of Wings Over Scotland. Mr Campbell raised £30,000 within three days to fund the case.

The review will challenge the decision not to prosecute anyone over allegations that more than £600,000 raised from independence supporters for a future referendum was spent on other SNP activities.

Murrell, the party’s former chief executive, was jailed for five years and three months earlier this year after being convicted of embezzling more than £400,000 from the SNP over 12 years.

However, police investigated the separate allegations concerning referendum donations before the case was dropped. Senior prosecutors said the evidence did not establish all the elements required for a fraud prosecution.

In a legal opinion, Mr Dunlop said he believed the SNP had committed embezzlement because money given for a referendum campaign had been “dishonestly” used for general party expenditure.

He said a criminal investigation would be required to establish who authorised the spending, but argued that any donors could bring a civil claim for fraudulent breach of trust. Such a case, he said, would be “close to irresistible”, potentially entitling donors to repayment, damages and interest.

Mr Campbell said the case concerned an “extraordinary, unprecedented situation” in which First Minister John Swinney appeared to have admitted that the SNP had committed “what appears to be a very serious crime”, while no prosecution had followed.

He also pointed to conflicting statements from Police Scotland and the Crown Office about responsibility for dropping the investigation.

“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 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.”