In Scotland's justice system, the Crown Office and Police Scotland conduct independent criminal investigations and prosecutions, with the Lord Advocate and Solicitor General not involved in cases involving political figures; this ensures that political leaders are held to the same legal standards as any other citizen, and the Proceeds of Crime Act 2002 provides mechanisms for recovering stolen funds through court orders.
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John Swinney left VISIBLY RATTLED by 'desperate deflection' claims over Murrell scandalAdded:
You keep saying no, sir. The Peter Murrell scandal isn't just about the SNP's toxic internal culture. This goes to the heart of government and Scotland's justice system.
John Swinney and Nicola Sturgeon didn't stop Peter Murrell, they enabled him.
Sturgeon warned SNP members to stop asking difficult questions and John Swinney assured everyone that the SNP's finances were sound.
Their shield of protection gave Murrell a license to steal and people want to know why Nicola Sturgeon wasn't in the dock beside her husband. So, will John Swinney back our calls for the Lord Advocate to publish all information relating to this case?
>> First Minister.
The Mr. Findlay is an experienced parliamentarian and also an experienced journalist who's looked at many issues of criminality.
And over his career, and of course this was pointed out by the Crown Office to Mr. Findlay yesterday, the Crown does not disclose the rationale for them taking decisions other than the way they pursue prosecutions against individuals. And of course the Crown has undertaken a successful prosecution here and I pay tribute to the Crown Office and Police Scotland.
The Crown also made clear to Mr. Findlay yesterday that the Lord Advocate had no involvement nor did the Solicitor General who are the law officers in this case because they never have an involvement in cases involving political figures because that is all undertaken by independent counsel and experienced Crown Counsel within the Crown Office.
So, what and what that assurance that was given by the Crown to Mr. Findlay yesterday is designed to do is to explain that the highest standards have been applied to a deep and forensic criminal investigation which resulted in the prosecution of one person and one person alone. And if Mr. Findlay had a shred of decency about him, he would express his respect for the judicial system in Scotland, his respect for the justice system in Scotland, and leave the professional officers of our police service and our professional prosecutors to do their job, which is exactly what they've done.
>> Russell Findlay >> Usual desperate deflection from John Swinney. He's trying to shut down scrutiny and we won't stand for it. John Swinney says that the SNP is the victim, although there are new reports that taxpayers' money was also stolen.
So, if the ex- if the SNP are the victim, did they exercise their right in law to seek a review of the Crown Office's prosecution decision? And will John Swinney now follow the money which bought a camper van, Mont Blanc pens, a home library? Is he taking legal action to force Peter Murrell to pay compensation or has John Swinney asked the Crown Office to use proceeds of crime laws to recover luxury stolen goods from Peter Murrell and Nicola Sturgeon?
>> First Minister >> If there's anything desperate about all of this, it's the desperation of a man who's led the Conservative Party into oblivion asking me questions about this issue today. Because that is what Russell Findlay is doing today. Now, as a >> Will the First Minister answer, please?
>> As a matter of fact, in court on Monday, the Advocate Depute made a verbal motion for confiscation in terms of section 92 of the Proceeds of Crime Act 2002, and the decision on this matter will ultimately be for the court to make. And given that, as the presiding officer told us on Tuesday, there remain live proceedings until sentence, I am unable to say any more beyond that.
The second point I will make is in relation to the suggestion that there was public money involved in all of this. The only issue that could apply there is in relation to a policy development grant from the Electoral Commission, but I want to reassure Parliament that in order to receive funding, a party needs to apply to the Electoral Commission outlining the work that will be done in the forthcoming year, and submit an audited report to the Electoral Commission outlining what grant funding has been spent upon. And it's only on receipt of the audited report that the final payment of the grant is made by the Electoral Commission. So, that should that confirms the point that I made to Parliament on Tuesday, that this is SNP supporters' money that has been embezzled and not public money.
And the last thing I'll say to Russell Findlay is this.
The Scottish National Party is a party that has been um affected by the loss of the resources as a result of this case. But what the Scottish National Party can rely on now is the most effective arrangements in place to guarantee the resources that we use, which we use to maximum effect. And we used them to maximum effect on the 7th of May, when the SNP won 58 seats in this Parliament, and the Conservatives were reduced to a hopeless rump of 12 of them over there there. They may grin all they like, but those of us who for the for the seventh time in a row in this Parliament successfully got rid of the Conservatives, the people of Scotland can be the side relief that they're over there redundant as a consequence of the election.
>> [applause] >> Alex Cole-Hamilton
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