Scotland’s top prosecutor alerted First Minister John Swinney in January to potential contempt of court risks tied to the criminal case against Peter Murrell, husband of former First Minister Nicola Sturgeon. The confidential memo outlined embezzlement charges alleging Murrell siphoned almost £460,000 from SNP funds between 2008 and 2021.

Swinney defended Bain fiercely at First Minister’s Questions on Wednesday. He called her an outstanding prosecutor with 40 years of service, crediting her with more successful sexual violence prosecutions against men than anyone else in Scotland. “I am disgusted by the way Russell Findlay spoke about her yesterday,” Swinney told parliament. “He should be ashamed and withdraw every word.”

The Lord Advocate, who holds the dual role of chief prosecutor and government legal adviser in Swinney’s cabinet, faced accusations of political bias. Scottish Conservative leader Russell Findlay labeled her decision a “gross misjudgement.” He argued that briefing Swinney on details not public until weeks later handed the SNP a political edge in a sensitive case involving Sturgeon’s husband.

“In the real world, this smacks of corruption,” Findlay said. He questioned Bain’s explanation that the memo aimed to shield the case from prejudice, insisting her reasons did not add up. Findlay called for reforming the Lord Advocate’s position to eliminate its split responsibilities.

Bain rejected corruption claims outright during her Holyrood appearance Tuesday. She insisted the memo protected ongoing proceedings, as Swinney would face inevitable questions about the high-profile prosecution. Swinney confirmed he shared the details with senior advisers and his chief of staff, who manage his affairs daily.

Scottish Labour leader Anas Sarwar highlighted apparent contradictions in Bain’s testimony. She told parliament no political advantage arose because indictments become public once served. Yet the Crown Office and Procurator Fiscal Service stated last week that indictments remain confidential until presented in open court. “These two statements can’t both be true,” Sarwar said.

Swinney dismissed the criticism by quoting prominent lawyer Thomas Ross KC, who appeared on BBC Radio Scotland Breakfast. Ross described attacks on Bain as “shameful,” praising her stellar 40-year career at the Scottish Bar. “She is trusted by every practicing lawyer and every judge,” Ross said. “Accusing her of corruption without evidence is one of the most shameful episodes I’ve seen in that building.”

The row intensified scrutiny on SNP governance. Findlay accused the party of secrecy and spin, noting Bain’s appointment by Sturgeon and retention by successors Humza Yousaf and Swinney. He argued her cabinet role undermines claims of political neutrality.

Murrell, arrested in April 2024 and re-arrested last month, denies the charges. His case forms part of wider SNP finance probes, including Sturgeon’s ongoing trial on perjury allegations linked to a police statement. No trial date for Murrell has been set.

Swinney reiterated the memo’s purpose: to equip him against contempt risks in a major case dominating public attention. Officials emphasized strict rules safeguarding live proceedings, with Bain’s action framed as a safeguard rather than a leak.