Scotland's Health Secretary has expressed outrage after NHS Tayside staff destroyed crucial evidence connected to disgraced neurosurgeon Sam Eljamel, despite an active 'do not destroy' order from a public inquiry.
Evidence Destruction Despite Legal Order
Neil Gray revealed he felt "greatly concerned, angry and appalled" upon learning that approximately 40 hard copy theatre logbooks relating to Mr Eljamel's practice had been destroyed this year. The destruction occurred despite inquiry chairman Lord Weir issuing a formal preservation order in October 2024.
The Scottish Health Secretary took immediate action, meeting with NHS Tayside chief executive Nicky Connor and demanding a full investigation into how this "very serious issue" occurred. Mr Gray emphasised the gravity of the situation, stating he had ordered the health board to provide a complete account of their findings.
Public Inquiry Context and Patient Harm
The disclosure emerged during the ongoing public inquiry into Mr Eljamel's conduct at Ninewells Hospital in Dundee, where he worked as a consultant neurosurgeon from 1995 until his suspension in December 2013. The investigation was established after patients raised concerns that the surgeon had harmed as many as 200 people, with some suffering life-changing injuries.
Senior counsel for the inquiry, Jamie Dawson KC, highlighted the potentially serious legal consequences of the document destruction. He challenged NHS Tayside's explanation that the individuals involved weren't aware of the connection between the theatre logbooks and Mr Eljamel, stating: "Blaming the individuals will simply not do when those individuals were acting in the course of their employment with the board."
Political Fallout and Criminal Allegations
The situation prompted an urgent question at Holyrood, where Scottish Conservative MSP Liz Smith, who campaigned alongside former patients for the inquiry, described the destruction as a "scandal of the highest order." She went further, suggesting there was "potential for criminality" in the health board's actions.
Ms Smith told Parliament: "It's inexcusable that NHS Tayside defied legal notices and wilfully destroyed evidence central to the Eljamel public inquiry. These records were crucial to establishing how he was allowed to ruin so many lives."
Mr Dawson also revealed that the inquiry lacks power to compel Mr Eljamel, who is believed to have fled to Libya, to return to Scotland to answer questions about his practice. The inquiry in Edinburgh has been adjourned and will resume at a later date while investigations into the document destruction continue.
