Angela Constance quizzed on Operation Branchform 'hold-up'

A senior Conservative asked justice secretary Angela Constance if she fears delays to the SNP finances probe could create an injustice.

Operation Branchform was launched into SNP accounts in July 2021. The investigation is still live and former SNP chief executive Peter Murrell - the estranged husband of Nicola Sturgeon - was charged with alleged embezzlement of party funds in April last year.

The case has yet to come to trial and Lord Carloway, who will retire as the head of the Scottish judiciary within days, has said "it looks as though there is a hold-up" in the system.

Questioning Constance today, Craig Hoy, the former chair of the Scottish Conservatives, said there is public concern that delays in the system can affect the outcomes.

He said: "Lord Carloway has become the latest senior figure to comment publicly on the length of time that one specific case is taking, namely Operation Branchform into the SNP's finances. He said this week that instant justice would never be possible, but in relation to the Branchform probe, he added, 'I do not know where the hold-up is, whether it is with the police or the crown office or whatever'. 

"Now, the minister will not comment on what that hold up might be in a live police case, and I will not seek to ask her to do so. But does she share the concern of a growing number of people that where high profile cases take years to investigate, there is the increased risk of an internal or external factor undermining the investigation or jeopardising a successful prosecution, including the impact of the right to a fair trial in reasonable time under Article Six of the European Convention on Human Rights? 

"Wouldn't setting mandate mandatory targets for the time it takes to bring charges or prosecutions address fears that justice delayed can become justice denied?"

Constance said: "I've listened very carefully to Mr Hoy's supplementary question, and despite some of his preface and words I do fear that this is just another attempt to lure myself into commenting on live matters when he knows fine well that no minister can comment on live matters.

"In terms of discussions regarding mandatory timescales in and around the charge and prosecution, I just reiterate what I've said already - I have not had any discussions, and it's not something that I have given any current thought to."

The comments come after the Crown Office and Procurator Fiscal Service (COPFS) said: "The investigation into SNP finances is being handled by professional prosecutors from COPFS and independent counsel without the involvement of the lord advocate or solicitor general."

Earlier this month, Scottish Police Federation general secretary David Kennedy told the Daily Mail: "The police investigation, as far as we are concerned, has been completed.

"It's frustrating for the police officers involved that they're continually getting the blame for dragging their heels. They have done all they can and it's now down to the Crown Office." 

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.

"It would be a good thing for the people of Scotland to know where things stand and where it's going to lead, rather than have all this speculation."