Lord Advocate rejects inquiry into Law Society and Crown communications

Lord Advocate Frank Mulholland yesterday told MSPs he did not see the need for an inquiry into the process of communication between the Law Society of Scotland and the Crown Office.

Mr Mulholland was called to the Scottish Parliament to answer questions about the police investigation into solicitor Chris Hales, who was struck off after an investigation into thirteen property transactions carried out on behalf of SNP MP Michelle Thomson and her business partner.

The investigation has led to a developing political row and the Law Society last week issued a statement defending one of its staff members from allegations of a conflict of interest.

It has emerged the Law Society first contacted the Crown Office informally about Mr Hale’s conduct in December 2014 but did not make a formal referral until July 2015.

Asked whether the perceived delay should be subject to an inquiry, Mr Mulholland said: “As to whether I think that there should be an inquiry or whether I should order an inquiry, first, I do not have the power to order an inquiry; and, secondly, I do not think that there should be an inquiry.”

He added: “We are dealing with a criminal investigation in which a person’s liberty could be in jeopardy, so these things cannot be dealt with quickly or by word of mouth. There is a process.

“That process was carried out by the Law Society, and authorisation was given for a referral by the guarantee fund sub-committee. Once that authorisation was given, the referral was made on 3 July 2015.

“That was a formal referral from the Law Society containing a whole load of information that the Crown would need, and the Crown has, of course, worked or been in contact with the Law Society about matters in anticipation of the referral being made.”

Ms Thomson’s name was not mentioned during the brief session in the chamber.

However, Conservative MSP Murdo Fraser asked: “In what circumstances would the Crown Office ask Police Scotland to investigate any other person connected with the solicitor subject to the Law Society’s judgment?”

Mr Mulholland replied: “I have given consideration to that matter, because that question is highly relevant.

“The referral to Police Scotland relates to the solicitor who was the subject of the Scottish Solicitors Discipline Tribunal finding. The police has been instructed to investigate the property transactions relating to that finding, which resulted in the solicitor being struck off.

“Police Scotland has a duty in any criminal investigation to follow where the evidence takes it. If, during a police investigation, evidence arises that other persons have been involved in criminality, such as fraud or whatever crime, I have complete faith that Police Scotland will act and do the right thing, as will the Crown Office and Procurator Fiscal Service.”