Lord Advocate of Scotland Criticizes Police Investigation into Surgeon

Scotland’s principal legal officer has voiced criticism regarding the pace of Police Scotland’s seven-year inquiry into the discredited brain surgeon, Sam Eljamel. Lord Advocate Dorothy Bain KC communicated in a letter to campaigner Jules Rose that the investigation “has not progressed as it should have”. Mr. Eljamel caused harm to numerous patients at NHS Tayside, with some sustaining permanent, life-altering injuries. He held the position of head of neurosurgery at Ninewells Hospital in Dundee until his suspension in December 2013. A public inquiry into Mr. Eljamel, who is currently practicing as a surgeon in Libya, was declared in September 2023. Victims had also previously submitted evidence to law enforcement. Police Scotland described the inquiry, named Operation Stringent, as “an extremely complex and protracted investigation”. Ms. Rose, who was a patient of Mr. Eljamel, played a key role in advocating for the public inquiry and is a strong critic of the police’s handling of the investigation. She, along with other campaigners, is scheduled to meet with the Lord Advocate early in the new year, a meeting requested by Ms. Bain. In her letter, the Lord Advocate informed Ms. Rose: “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 investigation now sits.” She added, “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.” Speaking to BBC Scotland News, Ms. Rose expressed that she was “pleasantly surprised” by Ms. Bain’s response, but cautioned that the Lord Advocate “wasn’t off the hook yet.” She further stated: “This won’t just be a pleasant meeting sitting having a cup of tea and a chocolate biscuit.” Ms. Rose continued, “There will still be some serious questions that I’ll be asking that I need answered, and she has to assist me having a meeting with Police Scotland.” Ms. Bain indicated that she had personally engaged with senior prosecutors and police officials to “ensure that this investigation is prioritised”. Ms. Bain conveyed to Ms. Rose that she had harbored concerns “for some time” regarding the “progress being made investigating this matter”. In September 2023, Ms. Bain reported meeting with the police to underscore her apprehension that the situation ought to be investigated “fully and timeously”. She further commented: “I did advise the police of the concerns of the harmed patients and indeed of the public concern.” Ms. Bain clarified, “Whilst I do not control police resourcing, I was able to emphasise the importance of the investigation and the need to ensure that it was completed as soon as possible.” Ms. Rose remarked: “I certainly feel slightly vindicated that finally somebody is beginning to listen to us and acknowledge how ridiculous it is that we have been waiting this long to get some sort of conclusion.” A spokesperson for Police Scotland stated: “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.” The spokesperson added: “Over the course of the investigation, two advice and guidance reports have been submitted to the Crown Office and Procurator Fiscal Service (COPFS).” They concluded: “Extensive inquiries remain ongoing, as we continue to work alongside partner agencies, and receive further direction from COPFS.”