SCOTLAND’S Lord Advocate has said she has been concerned “for some time” over the pace of the Sam Eljamel inquiry which she says “has not progressed as it should have”.
Eljamel, who worked as a brain surgeon at NHS Tayside from 1995 until his suspension in 2013, is accused of a litany of harms and of leaving some ex-patients with life-altering injuries.
They include the removal of wrong body parts and the failure to perform intended surgeries.
He was head of neurosurgery at Ninewells Hospital in Dundee until he was suspended in December 2013.
In a letter to leading campaigner Jules Rose, who had her tear duct removed instead of a brain tumour in 2013 by Eljamel, Lord Advocate Dorothy Bain expressed fears over the speed at which complaints from harmed patients to Police Scotland were being investigated by the force – known as Operation Stringent.
In the letter to Rose, Bain said: “I have been concerned for some time about the progress being made in investigating this matter.”
Bain explained that in September last year she met with police to emphasise her concern and that the circumstances “should be investigated fully and timeously”.
She said she advised the police of the concerns of harmed patients and stressed the need for the investigation to be completed “as soon as possible”.
Bain added: “I appreciate your dismay that this enquiry is taking a long time to come to a conclusion.
“I do apologise for this and would seek to engage with you and explain how matters can be improved going forward.
“This is a unique case in Scottish legal history - the number of patients alleging they have been harmed is very high, and consideration requires to be given to complex records and complex medical and legal issues. However, on any view this investigation has simply not progressed as it should have.”
Police Scotland has described the investigation as “extremely complex and protracted”.
A cross-party group of MSPs have insisted while the apology from the Lord Advocate is welcome, Police Scotland must now take action.
A joint statement from Labour’s Michael Marra, Tory MSP Liz Smith and LibDem MSP Willie Rennie said: “This is a hugely significant intervention from the Lord Advocate.
“The Lord Advocate rightly acknowledges that victims have had to wait far too long for any progress on Operation Stringent, Police Scotland’s investigation into the actions of disgraced surgeon Sam Eljamel.
“The Lord Advocate’s apology to victims is welcome, but Police Scotland must now take action.
“This lack of progress cannot continue.”
An independent public inquiry – separate to Police Scotland’s probe – was announced by ministers in September 2023. This is still in the process of being established and until a formal set-up date, no evidence can be considered, according to the Scottish Government website.
A Police Scotland spokesperson said: “This is an extremely complex and protracted investigation which is being investigated by the Major Investigation Team to ensure it has the experience and specialist knowledge required.
“Over the course of the investigation, two advice and guidance reports have been submitted to the Crown Office and Procurator Fiscal Service.
“Extensive enquiries remain ongoing, as we continue to work alongside partner agencies, and receive further direction from COPFS.”
In a letter to the MSPs, Police Scotland explained it was continuing to gather information from patients and the relevant medical authorities, with that information due to be further assessed by a medical expert to provide opinion on “the surgical and medical complexities”.
“This in turn will assist COPFS’s [Crown Office and Procurator Fiscal Service] decision on whether there is criminality or not,” the letter said.
“As this is a significant task, this is ongoing and will take some time.
“Please be assured we are committed to conducting a full and thorough investigation and have a robust process in place to maintain engagement with the victims.”
