Patients of disgraced brain surgeon Sam Eljamel were 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.
“This is confirmed by a prominent campaigner and core participant in the inquiry, who is quoted in The Courier (newspaper) this morning as saying there has been a lack of transparency, which has only fuelled confusion, concern, and inevitably, speculation amongst patients and families.
“For clarity, this lack of public explanation is not a matter of the inquiry’s making, nor was it within the inquiry’s control to offer such an explanation.
“The inquiry has, in large part, remained as confused, uninformed and dissatisfied with this situation as the public, in particular patients, clearly have as well.”
He said the building was leased by the Scottish Government in 2024, and was and provided for use by the Eljamel Inquiry.
The public inquiry is taking place after patients of the former neurosurgeon raised concerns that he had harmed as many as 200 people, with some said to have suffered life-changing injuries.
Mr Eljamel was head of neurosurgery at Dundee’s Ninewells Hospital from 1995 until his suspension in December 2013.
Following his suspension, the surgeon resigned from his post in May 2014 and removed himself from the General Medical Register in 2015.
He is since thought to have returned to Libya to practise there.
Alastair Duncan KC responded on behalf of the Scottish Government in its role as sponsor of the inquiry.
Discussing the issues with the inquiry venue, he acknowledged “the situation that has arisen here is deeply regrettable”.
He said there had been talks to resolve the fire safety and building warrant issues.
Mr Duncan said the Government would write to the inquiry about a proposed “plan B” for the venue, which may involve the suite used by the Scottish Child Abuse Inquiry.
He also acknowledged there had been “deficiencies” in the Government’s reporting of the issues, saying he wished to repeat the Government’s apology for this.
Joanna Cherry KC spoke to the hearing on behalf of the Patients Group, a collective of those harmed by Eljamel.
The former MP disputed the explanation from by the inquiry team that no alternative venues had been offered.
She said: “I must stress that it is a matter of the greatest concern to the Patient Group that there will be any further delay because of the non-availability of a suitable suite for the September hearings.”
She also said Mr Dawson had made “harsh and unfair” criticisms of the Patient Group’s legal team at Levy & McRae, with Ms Cherry saying the lawyers had not been given enough time to seek instruction from their large group of clients.
A Scottish Government spokesperson said: “The Scottish Government fully recognises the pain and distress experienced by people impacted by Mr Eljamel’s practice.
“That is why we established the statutory public inquiry into the actions of Mr Eljamel and NHS Tayside to ensure patients obtain answers to their questions and that lessons are learned.
“The building has now been purchased by a new landlord and, as leaseholder, the Scottish Government is in discussions with the new landlord to seek a solution and will provide any necessary support required by Lord Weir to ensure hearings are accessible.”
Former Scottish Conservative MSP Liz Smith continues to represent several former patients of Eljamel.
She said: “I am grateful to Jamie Dawson KC for his very detailed and lengthy statement this morning setting out the reasons for the unacceptable delay in the Eljamel public inquiry, specifically why the inquiry’s room in Waverley Gate was deemed to be unsafe.
“He has made it abundantly clear that the public inquiry team remains frustrated and deeply concerned by the Scottish Government’s failure to provide timeous and accurate information about the reasons behind the building safety problem.”
She added: “This is, yet again, a highly regrettable situation which brings yet more pain and suffering to the former patients of Sam Eljamel.”
