Police Scotland taking 'far too long' over Sam Eljamel investigation, says SNP Government's legal adviser

The Lord Advocate has hit out at police for taking “far too long” into an investigation of a former surgeon.

Scotland’s top prosecutor has criticised Police Scotland’s investigation into disgraced surgeon Sam Eljamel, insisting officers have taken “far too long” over their seven-year probe.

Lord Advocate Dorothy Bain made the “hugely significant intervention” in a letter to a campaigner.

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Professor Eljamel harmed hundreds of patients with botched operations while working as a neurosurgeon at NHS Tayside.Professor Eljamel harmed hundreds of patients with botched operations while working as a neurosurgeon at NHS Tayside.
Professor Eljamel harmed hundreds of patients with botched operations while working as a neurosurgeon at NHS Tayside.

Mr Eljamel, a former neurosurgeon, is thought to have harmed as many as 200 patients while based in Dundee. Alongside the criminal investigation, a public inquiry into his actions is taking place. No criminal charges have been lodged against him.

Mr Eljamel worked at NHS Tayside from 1995 until he was suspended in 2013, after leaving dozens of patients with life-changing injuries.

He later left Scotland and is now believed to be operating in Libya.

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In a letter to campaigner Jules Rose, Ms Bain said: “I fully accept that you are profoundly concerned about the time that has now elapsed – seven years – between the first report to Operation Stringent and where the criminal investigation now sits.

Lord Advocate Dorothy Bain KC. Image: Jane Barlow/PALord Advocate Dorothy Bain KC. Image: Jane Barlow/PA
Lord Advocate Dorothy Bain KC. Image: Jane Barlow/PA

“I agree that this timescale is far too long, and I have tried since my appointment in June 2021 to influence this as far as I can. In doing so, I have met personally with senior prosecutors and police officials to ensure that this investigation is prioritised.”

The Lord Advocate said she had been concerned for some time about the progress of the investigation and met with senior police officers to discuss it in September. She described the investigation as a “unique case in Scottish legal history” and apologised that it had “simply not progressed as it should have”.

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Speaking to LBC News, Ms Rose said she hoped the Lord Advocate’s intervention meant “the Chief Constable would place the utmost priority” on the investigation into Mr Elijamel, having been met with “radio silence” over a request for a meeting with Scotland’s top police officer.

Jules Rose was the last of Eljamel's victims. Image: Andrew Milligan/Press Association.Jules Rose was the last of Eljamel's victims. Image: Andrew Milligan/Press Association.
Jules Rose was the last of Eljamel's victims. Image: Andrew Milligan/Press Association.

Ms Rose added: “Also the focus should not just be on Eljamel. It's much bigger than that. Police Scotland should be looking at anybody who enabled or covered up the surgeon to commit the butchery that he did.

"We feel that Police Scotland is now playing catch up on the years of inaction - to have one senior investigation officer on the case for five years is just not good enough, and I have received no explanation as to why that was the case.”

In a joint statement, Labour MSP Michael Marra, Conservative MSP Liz Smith and LibDems MSP Willie Rennie, said: “This is a hugely significant intervention from the Lord Advocate.

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“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.”

They added: “As a cross-party group of MSPs, we have written to Police Scotland raising the unacceptably lengthy delays to this investigation. 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.

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

First Minister John Swinney said “the Lord Advocate is free to comment on these questions and it is important that she does so”.

He said: “I hope the comments will result in the investigative approach the Lord Advocate believes is necessary.

First Minister John SwinneyFirst Minister John Swinney
First Minister John Swinney | Jane Barlow/PA Wire

“I need to avoid commenting on police investigations. It’s a place I can’t go to as a Government minister.

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“Police act independently of the Government, and the Lord Advocate acts in an independent prosecutorial function. So the Lord Advocate is entitled to express her view and I would expect her view to be addressed by Police Scotland.”

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 (COPFS). Extensive enquiries remain ongoing, as we continue to work alongside partner agencies, and receive further direction from COPFS.”

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