Patients of disgraced brain surgeon Sam Eljamel have been left “anxious and suspicious” by the Scottish Government’s silence on why an inquiry into his actions has been delayed, a lawyer has said. The first evidential hearings in the Eljamel Inquiry were scheduled to start in April but were delayed due to building safety concerns at its venue in Waverley Gate, Edinburgh.
At a procedural hearing on Thursday, senior counsel to the inquiry, Jamie Dawson KC, said the inquiry team became aware of concerns about the building’s compliance with fire safety regulations last year, following the hearing of opening statements in November. He said it was not until February this year it then “became apparent” to chair Lord Weir that the issue posed a “real risk” to attendees’ safety.
The lawyer said while this would not prevent the inquiry from going ahead, the safety concerns meant members of the public – including Eljamel’s former patients – would be prevented from attending. The inquiry team later took the decision to delay the stage one hearings so the situation with the building can be resolved, or an alternative venue found.
Mr Dawson said despite the issue being “outwith the inquiry’s control”, a lack of “public pronouncement” by Government about the reasons for the delay had led some to accuse the inquiry of seeking to exclude patients from it. “The result of the failure to issue such a public pronouncement before now, I fear, has been a vacuum in which members of the public, including traumatised patients, have been left uninformed, anxious and suspicious,” he said.
Alastair Duncan KC responded on behalf of the Scottish Government in its role as sponsor of the inquiry, acknowledging “the situation that has arisen here is deeply regrettable”. He said there had been talks to resolve the fire safety and building warrant issues, and the Government would write to the inquiry about a proposed “plan B” for the venue. Joanna Cherry KC, speaking for the Patients Group, disputed that no alternative venues had been offered and stressed the group’s concern over further delay.
