SNP being sued by independence referendum fund donors over 'fraudulent breach of trust'
A draft summons on behalf of the donors has accused the SNP of a “fraudulent breach of trust”.
The SNP is being sued by “dozens” of people who donated to the £660,000 ring-fenced independence referendum fund - with the group proceeds seeking their money back and compensation.
Legal firm Halliday Campbell has prepared a draft summons on behalf of donors who handed over their money to the SNP with the understanding it would be ring-fenced for fighting a repeat of the 2014 independence referendum.
But SNP leader John Swinney, who is named in the draft summons, has confirmed the donations were spent on wider actions and costs by the party. The first minister has told journalists the funds were swallowed by “ongoing activities of the Scottish National Party”.
After initial complaints were made relating to allegations of misappropriation of the funds, it is understood Police Scotland took a decision in 2023 to focus on the embezzlement of more than £400,000 by former SNP CEO, Peter Murrell.
Murrell, the estranged husband of former SNP leader Nicola Sturgeon, admitted the embezzlement at the High Court in Edinburgh and has been sentenced to five years and three months in prison.
A proceeds of crime hearing, scheduled for September, will begin the process of potentially recovering the stolen money from Murrell.
The party ran two online fundraisers in 2017 and 2019 and vowed the funds would be "ring-fenced" for a second independence referendum. More than £660,00 was raised to fight a referendum.
The draft summons relating to the ring-fenced referendum funds has been published by blogger Stuart Campbell.
It states that those who donated did so “in trust for the purpose of funding a future independence referendum campaign, and for no other purpose”.
The summons accuses the SNP, in spending the money on other matters as “a fraudulent breach of trust”.
The group of donors are asking to court for “damages which represents a reasonable assessment of the losses suffered” by each individual who contributed money.
The summons adds that this constitutes “repayment of the sums donated” by each person alongside “reasonable compensation for the fraudulent breach of trust”.
Mr Campbell said he has “already gathered dozens of people who are unhappy about having their donations misappropriated by the party”.
“We invite any others who’d like refunds and compensation to join the group”, he added.
Mr Campbell argued that “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”.
Last month, Mr Swinney told journalists that the SNP was “exploring” the potential of obtaining compensation, as well as being refunded by Murrell, for the embezzlement.
“I want to make sure the party’s losses are fully addressed by the compensation arrangements that will be put in place”, he said.
“There is a confiscation order being sought by the Crown which has implications for our compensation claims. But I want to make sure that there is a remedy out of this issue for the party.”
READ MORE: Peter Murrell's potential assets revealed in court papers after £400,000 SNP embezzlement
An SNP spokesperson said: “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.”
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