Sturgeon ‘misled’ Parliament over Trump finances probe, court told
First Minister Nicola Sturgeon “misled” Parliament when she said the Scottish Government could not launch a money-laundering probe against former US President Donald Trump, a court has heard.
The Court of Session heard how the Holyrood administrationwasaskedlastyeartoinvestigate how the Trump Organisation managed to pay for golf course developments in Scotland.
The government was told it could use an unexplained wealth order to investigate Mr Trump’s finances.
But Ms Sturgeon told the Scottish Parliament the government couldn’t launch such a probe and the responsibility for the investigation lay with the Crown Office’s Civil Recovery Unit.
Mr O’neill told the court that Ms Sturgeon said the Civil Recovery Unit was politically independent from the Scottish Government.
The lawyer said the government’s position later changed. He said the-then justice secretary Humza Yousaf later announced the law allowed for the Scottish Government to launchanunexplainedwealth Order investigation.
Mr O’neill told the court that Mryousafwascorrect–thelaw allowed for Scottish ministers to launch such a probe.
He said Ms Sturgeon failed to understand the law and that it was“worrying”thatshedidnot haveaproperunderstandingof the legislation.
Mr O’neill, who is asking for permission from the court for a judicial review that he hopes would overturn the Scottish
Government’srefusaltolaunch an unexplained wealth order against Mr Trump, added: “We knowthatthefirstministerinitially said in July 2020 that any decisiononwhethertoapplyfor anunexplainedwealthorderis made on behalf of the Scottish ministers by the Civil Recovery Unit which reports to the Lord Advocate.
“Now, there is all sorts which could be unpacked from that – the legislation states that it is the responsibility of the Scottish
ministers. But that was the position stated in July 2020. Now that has shifted markedly in November 2020 when we see that the First Minister said to Parliament the decision on whether to apply for the Unexplained Wealth Order was not for the ministers. It was instead for the Crown Office who operate independently from the Scottish ministers.
“That’s just wrong and that was pointed out to them. In the answers, they say ‘yes, that was
justwrong’.wethengetadifferent position when this time it’s the Cabinet secretary for justicespeaking–humzayousaf.” He added: “Strangely, the First Minister didn’t understand the lawandmisledparliament.”mr O’neill was speaking during a hearing yesterday which concerns how Mr Trump obtained the funding for the Menie golf course in Aberdeenshire and the Turnberry resort in Ayrshire. He is acting for Avaaz – an international human rights
group seeking to force the government to reverse its decision not to investigate the courses' funding. The Scottish Green Party first called for an unexplained wealth order in February amid questions about how Mr Trump had managed to finance the purchases of Turnberryin2014andmeniein2006. Lord Sandison said he needed time to consider his decision.