An inquiry into the practice of former neurosurgeon Sam Eljamel has attempted to locate him in hospitals in Libya where he is believed to be working, a lawyer has said.
Mr Eljamel was head of neurosurgery at Dundee’s Ninewells Hospital from 1995 until his suspension in December 2013, during which time he is thought to have harmed dozens of patients and left some with life-changing injuries.
Following his suspension, the surgeon resigned from his post in May 2014, and removed himself from the General Medical Register in 2015.
The Eljamel Inquiry into his professional practice was formally set up by Scottish Health Secretary Neil Gray earlier this year.
The probe’s remit includes how concerns about Mr Eljamel were responded to by his employer NHS Tayside, and whether the systems in place to protect patients were adequate.
At a preliminary hearing in Edinburgh on Wednesday, counsel to the inquiry Jamie Dawson KC said efforts have been made to locate Mr Eljamel in order to secure his participation, since the evidence to be heard is likely to contain “substantial criticism” of him.
Mr Dawson told the inquiry: “The inquiry received information that Mr Eljamel was working in a hospital-based role in Misrata, Libya, though it was not clear which hospital or hospitals.
“The inquiry attempted telephone contact with the largest hospital in Misrata, Misrata Medical Centre, and contacted it by email in April and again in May of this year, seeking information about how to get in contact with him, without success or reply.
“Further information received by the inquiry suggested that Mr Eljamel may be working in a hospital called Al-Nadha hospital.
“Further investigation suggested that there was a hospital with that name in Misrata, Libya, which claimed to specialise, amongst other things, in neurosurgery, spine surgery and chronic pain.”
However, he said, “no reply has been received” to a letter that was sent there in May, before adding that the inquiry will continue to use “what avenues are available to it” to trace Mr Eljamel.
Mr Dawson said 158 “core participants” are set to contribute to the inquiry, including 133 of Mr Eljamel’s former patients, and the representatives of a further 19 patients.
The bodies involved include NHS Tayside, the Scottish Government and Healthcare Improvement Scotland.
Mr Dawson raised concerns about the process for gathering statements from former patients by the independent clinical review (ICR), which was set up by the Scottish Government and is running alongside the inquiry.
“The ICR has not been provided with a structure to assist applicate applicants with the provision of their statements,” Mr Dawson said.
“It has no staff to assist with the taking of applicant statements in any meaningful sense.
“Many of the applicants are traumatised. Many of them are in pain or disabled. I expect most, if not all, are unfamiliar with the process of providing written witness statements.
These concerns were echoed by Joanna Cherry KC, who is representing a number of Mr Eljamel’s former patients at the inquiry, and who pointed to a lack of legal and mental health support for patients taking part in the ICR.
“Proper support from their legal team is absolutely necessary,” she said, “Not only due to the cognitive impairments which they suffer, but also because of the potentially retraumatising impact that engagement with the ICR may cause”.
“This will require access to funded mental health support for extremely vulnerable individuals.”
She added the “failure” of the Scottish Government to resolve these issues “jeopardises” both the ICR and the inquiry, as well as causing “unnecessary stress and trauma to the patient group”.
Both lawyers were also critical of the decision by NHS Tayside not to provide legal representation for current and former employees giving evidence to the inquiry, and instead provide “pastoral” and “practical” assistance.
Mr Dawson pointed out they were “simply employees of the board” providing evidence about the way it acted “in connection with matters falling within the inquiry’s terms of reference”.
He added: “I would not expect such employees to have to seek their own advice in that regard, when their statement is provided as an individual agent through whom NHS Tayside transacted its contact with the outside world.”
Ms Cherry also asked whether the inquiry or ICR would be able to ascertain the “completeness and accuracy” of patient records set to form part of the evidence, citing patient concerns that they may have been altered.
She said: “This, sir, is an issue of concern to many in the patient group who have become aware down through the many years that their medical records may be incomplete, or that they may even have been falsified.”
The inquiry, before Lord Weir, is due to hear opening statements from all sides in late November, ahead of the first round of evidential hearings commencing on February 9, 2026..
Welcoming the preliminary hearing, Dr James Cotton, executive medical director of NHS Tayside, said: “NHS Tayside board recognises that today is a very important day for the patients and families of Mr Eljamel, and we acknowledge that it has taken many years to reach this significant milestone for those involved.
“We know that many people have experienced considerable distress as patients of Mr Eljamel and we understand that in many cases we have added to that trauma in the way that we have handled ongoing complaints and concerns. We are sincerely sorry for this.
“The clinical and professional governance processes within which our teams operate today are demonstrably different to those which were in place more than a decade ago.
“However, the board will contribute openly to this inquiry, be accountable for the decision-making and actions taken, and remains committed to learning all lessons.”
NHS Tayside said it is actively participating in the Eljamel inquiry.
A spokesperson for NHS Tayside said: “Following today’s preliminary hearing, NHS Tayside will be engaging directly with the inquiry further to discuss appropriate support for all staff.”
A Scottish Government spokesperson said: “The Scottish Government welcomes the progress of the public inquiry who will look at the actions of Mr Eljamel, NHS Tayside and Scottish ministers.
“We remain fully committed to engaging constructively with the process and value the progress made by Lord Weir and his team.
“The independent clinical review will investigate and provide reports on the clinical events and circumstances of former patients of Mr Eljamel.
“The ICR chair has committed to ensuring this is a trauma-informed, person-centred process that will be open to all former patients who wish to take part. Professor Wigmore and Lord Weir have committed to assist each other for the benefit of former patients.”
