Responsibility for ‘McMafia’ probe into Trump’s Scottish assets lies with Lord Advocate

New York-based Avaaz had wanted to Scottish government to undertake a ‘McMafia’ probe into how Mr Trump obtained funding for Menie golf course in Aberdeenshire as well as the Turnberry resort in Ayrshire.

Counsel for Avaaz, double silk Aidan O’Neill QC had told Lord Sandison in the Outer House that Scottish ministers should have ordered an unexplained wealth order (UWO) against Mr Trump.

First Minister Nicola Sturgeon had said the responsibility to do so lay with the Crown Office’s Civil Recovery Unit. Then Justice Secretary Humza Yousaf subsequently said she had been mistaken and that the law allowed for the Scottish government to launch an action. This prompted Avaaz to bring a case to the Court of Session.

Mr O’Neill said last month: “We say that duty results in ultimately the finding that it cannot be the Lord Advocate who is designated as being the responsible minister in terms of the seeking of unexplained wealth orders in terms of politically exposed persons.”

The Scottish ministers, however, opposed the action. Its lawyers told the court that it had acted lawfully in the affair.

Lord Sandison found for the Scottish government.

He stated: “I do not find it possible to discern from section 396D any implicit Parliamentary intention that the Lord Advocate may not hold portfolio responsibility as the Scottish minister concerned with applying for a UWO, whether in relation to a politically exposed person or otherwise.”

Scottish Greens finance spokesperson Ross Greer said: “The Scottish Greens are keen to see progress on this matter and hope the new Lord Advocate recognises the growing awareness and action across the world on the former president’s finances.

“The case for a similar investigation in Scotland is compelling. Scotland must have a zero-tolerance approach to potential financial crime, regardless of the suspect.”