THE SNP are facing a group proceedings action in court over donations the party received for a “ring-fenced” independence referendum fund.
The party is facing a legal claim at the Court of Session led by Stuart Campbell, the blogger behind the Wings Over Scotland site, who has engaged legal firm Halliday Campbell to prepare a draft summons on behalf of a group of donors.
The draft summons outlines that the claimants are seeking the repayment of their donated sums along with 8% interest per annum, and further compensation.
Campbell published the draft legal document stating that “dozens of people” who are “unhappy about having their donations misappropriated by the party” have already signed up to the group action. The action names SNP leader John Swinney, party treasurer Peter Grant, and nominating officer Ian McCann as defenders.
In 2017, the SNP launched a campaign raising funds purportedly to be used to fight a second independence referendum. It raised more than £660,000, but the funding was ultimately used by the party for other purposes.
In 2021, after complaints were made to the police about why the money did not appear in the SNP’s accounts, an investigation ultimately uncovered embezzlement by now-former party chief executive Peter Murrell. He pled guilty to misusing around £400,000 in party funds and was jailed for five years last month.
The police probe found that the SNP had never had a separate ring-fenced account for referendum fund, but did not uncover enough evidence of fraud for anyone to be charged with that offence.
A letter from the Crown Office to Campbell, published on his Wings Over Scotland blog earlier in July, said: “No one was reported to the procurator fiscal in relation to charges of fraud. However, as part of a full and thorough police investigation by Police Scotland and the procurator fiscal, full consideration was given to whether the crime of fraud could be established.
“That investigation did not disclose sufficient evidence of fraud, or for any crime other than the crime of embezzlement. These conclusions were agreed by the procurator fiscal, by Crown Counsel who was a KC, and by a reviewing KC.”
Campbell was further told that he had not raised “any new matters that were not part of the original investigation”.
An SNP spokesperson said in response to Campbell’s draft legal action: “These were the issues which were fully explored during the course of the forensic police investigation and which resulted in no action taken against the SNP.
“In the course of this complex and extensive Police investigation, the criminal actions of Peter Murrell were uncovered and the SNP was found to be the victim of embezzlement.”
Wings Over Scotland told The Herald that the SNP have “told nine entirely different stories over six years about what happened to this money”.
“It's sort of refreshing that they've finally admitted they stole it, but bewildering that the police and Crown Office seem inclined to just let them off,” the statement added.
“We're continuing to separately press for an explanation of that decision, but in the meantime the donors deserve to get their money back, just as the SNP is demanding it gets back the money Peter Murrell stole from the party.”
The group proceedings come after it emerged that police are making inquiries into a complaint about Yes Scotland’s finances.
Claims by David Henry state that income of more than £1.5 million is unaccounted for, which the group has since disputed.
