Two victims of a disgraced NHS surgeon have taken the extraordinary step of reporting a Scottish health board to the police themselves, after it emerged staff destroyed crucial evidence despite an explicit order to preserve it.
Logbooks Destroyed Despite Preservation Order
NHS Tayside has admitted destroying 40 theatre logbooks belonging to former consultant neurosurgeon Sam Eljamel, who is the subject of a major public inquiry. The health board was issued with a formal 'Do Not Destroy' notice covering all paperwork connected to Eljamel's case. However, in a move that has sparked fury, workers at the board binned the records after receiving this legal instruction.
The logbooks contained vital information regarding Eljamel's surgical practice at Ninewells Hospital in Dundee between 1995 and 2014. Police Scotland, under Operation Stringent, had requested the documents in August. They later discovered the records had been shredded in July, months after the inquiry's preservation order was issued.
Victims Take Direct Action
Campaigners and victims Jules Rose and Pat Kelly have now submitted their own formal complaint to detectives. This comes just weeks after NHS Tayside referred itself to the police over the incident. Ms Rose, who had her tear duct mistakenly removed by Eljamel instead of a brain tumour, stated their report "should materially increase scrutiny and priority over this potentially criminal act."
She argued the aim was to send "strong, strong signals that patients are not prepared to accept this was just human error gone badly wrong." Mr Kelly has been left in constant pain following botched spinal surgery performed by Eljamel.
A Culture of Failure and Demands for Accountability
Ms Rose, a leading figure in the campaign for justice, has been scathing in her criticism of the health board's culture. "This so-called 'systematic failure' exposes a deeper problem," she said. "We believe that NHS Tayside has not changed its culture and the evidence suggests it has worsened." She has demanded "meaningful accountability" and renewed calls for health board chief executive Nicky Connor to resign.
In a statement, NHS Tayside said it "deeply regrets this error" and claimed the staff who destroyed the documents were unaware of the link between the logbooks and the neurosurgeon. An internal investigation found the "logbooks were placed into the confidential waste stream for disposal by members of staff in the department where the logbooks were held."
The board, which said it "remains deeply sorry," has now commissioned an independent, external review of its systems and governance. Meanwhile, Detective Superintendent Carron McKellar confirmed that "significant resource" from the Major Investigation Team continues to be dedicated to this "extremely complex and protracted inquiry."
Sam Eljamel was able to return to his native Libya in 2018, where he is reported to still be practising surgery.
