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Lord advocate criticises police probe into surgeon

BBC A man with glasses and bow tie stands next to a wall display of the human brainBBC
Sam Eljamel was the head of the neurosurgery department in Ninewells Hospital in Dundee

Scotland's top law officer has criticised the pace of Police Scotland's seven-year investigation into disgraced brain surgeon Sam Eljamel.

Lord Advocate Dorothy Bain KC told campaigner Jules Rose in a letter that the probe "has not progressed as it should have".

Eljamel harmed dozens of patients at NHS Tayside and left some with life-changing injuries.

He was head of neurosurgery at Ninewells Hospital in Dundee until December 2013, when he was suspended.

PA Media A woman wearing a wig and gown sits in a courtPA Media
Dorothy Bain KC said that the police investigation "has not progressed as it should have"

A public inquiry into Eljamel, who now works as a surgeon in Libya, was announced in September 2023, and victims have also previously filed evidence to police.

Police Scotland said the probe, called Operation Stringent, was "an extremely complex and protracted investigation".

Ms Rose, a former patient of Eljamel, helped lead the campaign for the public inquiry and is a fierce critic of the police investigation.

She and other campaigners will meet the lord advocate early in the new year, at Ms Bain's request.

The lord advocate told her in the letter: "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.

"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."

A woman with blonde hair and a black top looks at the camera
Ms Rose, a former patient of Eljamel, helped lead the campaign for a public inquiry

Ms Rose told BBC Scotland News that she was "pleasantly surprised" by Ms Bain's reply, but that the lord advocate "wasn't off the hook yet."

She said: "This won't just be a pleasant meeting sitting having a cup of tea and a chocolate biscuit.

"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 said she had personally met senior prosecutors and police officials to "ensure that this investigation is prioritised".

Ms Bain told Ms Rose she had been concerned "for some time" about the "progress being made investigating this matter".

A group of campaigners with signs saying Operation Stalling and They Dither, We Die outside a police building. Cans are strewn across the ground, a reference to the allegation the police are kicking the can down the road
Campaigners protested outside Police Scotland's Dundee headquarters in May

Ms Bain said she met the police in September 2023 to emphasise her concern that the circumstances should be investigated "fully and timeously".

She added: "I did advise the police of the concerns of the harmed patients and indeed of the public concern.

"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 said: "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 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 inquiries remain ongoing, as we continue to work alongside partner agencies, and receive further direction from COPFS."