Scotland's chief lawyer criticises police probe into disgraced surgeon

Scotland’s top lawyer has criticised the police investigation into a disgraced surgeon alleged to have harmed almost 200 patients.

Sam Eljamel, who worked for NHS Tayside between 1995 and 2014, was suspended in 2013 after concerns emerged.

An independent public inquiry into the actions of the neurosurgeon was announced by the Scottish Government in September 2023.

Eljamel is still operating on patients in Libya.

Victims have campaigned for an inquiry for years as a long-running police investigation continues.

Writing to campaigner Jules Rose, Lord Adovcate Dorothy Bain said she had been “concerned for some time” about the progress in the investigation.

“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,” she said.

“However, on any view this investigation has simply not progressed as it should have.”

Ms Bain offered to meet with Eljamel’s victims in the New Year.

In a joint statement from the Scottish Conservatives, Labour and Lib Dems, MSPs welcomed Ms Bain’s apology and said Police Scotland “must now take action”.

“As a cross-party group of MSPs, we have written to Police Scotland raising the unacceptably lengthy delays to this investigation,” Michael Marra MSP, Liz Smith MSP and Willie Rennie MSP said.

“Following the Lord Advocate’s intervention we have received a much delayed response. Victims will find very little comfort in what it sets out. What victims want, need and deserve is real action.

“This lack of progress cannot continue. Police Scotland must now at long last get their act together.”

Police Scotland said the investigation remains ongoing and stressed how difficult the case was.

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.”