MSPs told vital NHS log books destroyed despite public inquiry legal order

The Eljamel Inquiry, set up to investigate the professional practice of neurosurgeon Sam Eljamel, has now been told that around 40 log books detailing surgeries over an 18 year period were destroyed by NHS Tayside staff this summer.

The destruction happened despite a "do not destroy" order issued by Inquiry chairman Lord Weir in October 2024,

Campaigners claim the logs contained "incriminating evidence" against the surgeon and the health board.

Now MSPs have been told Health Secretary Neil Gray did not know of the destruction until it was revealed at the Inquiry and has demanded an "immediate" explanation from NHS Tayside.

Eljamel, originally from Libya, 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 believed to be back in Libya but still practising.

To date 138 former patients who claim they were harmed by him are listed as core participants at the public inquiry, which was fought for over a decade before the Scottish Government agreed to hold one in 2023.

One of the campaigners, Jules Rose, said patients were furious about the revelation and felt the "health board has gone to the greatest of lengths not to protect patient safety, but to protect its leadership and image."

She added: "We are encouraged that the senior counsel says there will be zero tolerance of NHS Tayside trying to frustrate this Inquiry. They think they can just issue empty platitudes and apolgies when they have data breaches, and now this destruction of log books - well it doesn't cut it with us.

"This destruction of the log books would suggest it was incriminating evidence which should have been used at the Inquiry. Given they've been destroyed despite a do not destroy notice, this should be a matter for the police and the Information Commissioner."

In Holyrood this afternoon, Scottish Conservative MSP Liz Smith, who backed the campaign for a public inquiry, asked Health Secretary Neil Gray when he was first aware of the destruction of the logs.

Mr Gray said he was "greatly concerned, angry and appalled" by the news and he "recognised the anger and upset" that would be felt by the former patients of Eljamel.

"Their faith in Tayside was already low this will be a further blow to the trust they have."

He added the government had received a copy of all core participant statements on Monday, but under restriction orders they were classified as confidential until referred to in the Inquiry. "Therefore we were not made aware until this information was in the public domain."

Mr Gray said he'd written to NHS Tayside's chief executive Nicky Connor and "ordered an inquiry" into what had happened."

Describing the destruction as a "scandal of the highest order" Liz Smith suggested that there was "potential for criminality".

"We have repeatedly been assured that lessons have been learned from the Eljamel scandal. but this proves these assurances are entirely false," she said.

Mr Gray told MSPs it was for NHS Tayside to give an explanation but that he would update Parliament when he received a response.

He added: "I've been clear with NHS Tayside that I expect an update immediately into what happened, when, and why the government was not notified when they became aware these documents were destroyed."

Mr Gray said he had been told by Connor that NHS Tayside had become aware of the destruction in September and that she had apologised for the failure to tell the Scottish Government.

Scottish Labour MSP Michael Marra, said one of his constituents had wanted to see the theatre logs as they would have shown who was present "and crucicially who was not present" during his operation.

And Scottish LIberal Democrat MSP Willie Rennie said patients believe "NHS Tayside had been secretive and evasive and any trust that was left has been shattered. They have done irreperable damage not just to NHS Tayside but the NHS as a whole."

At the Inquiry, its senior counsel Jamie Dawson KC described the situation as "troubling", and said the destruction of documents for surgeries which took place between 1995 and 2013 "had occurred in real time rather than historically" and it could have "potentially serious legal consequences".

He said: "NHS Tayside says the individuals involved were not aware of the connection between the theatre log books and Mr Eljamel.

"Blaming the individuals will simply not do when those individuals were acting in the course of their employment with the board. The board has a responsibility to ensure that the obligations placed on it by the Inquiry are adhered to in its work."

Mr Dawson added: "No doubt patients who harbour concerns about their records will approach NHS Tayside's claim that the evidence will be found in them with a degree of scepticism."

He also called for clarity from the health board regarding "concessions" made about inadequacy of treatment and the organisation's response to complaints.

Mr Dawson added: "NHS Tayside is a corporate entity created by statute. As a corporate entity, it has no means of interacting with the outside world. It requires to rely on doctors, nurses, administrative staff to act on its behalf.

"This Inquiry will expect NHS Tayside to answer for the actions of individuals who did things in its name, on its watch and in the discharge of its legal responsibilities.

"The idea that the corporate entity does not need to answer for the way in which those individuals interacted with the outside world on its behalf will not be tolerated."

The inquiry's terms of reference were set out by Scottish Health Secretary Neil Gray earlier this year, with a police investigation running concurrently.

Representative for patients and families at the Inquiry, Joanna Cherry KC, described the situation as "the patronising disposition of unaccountable power" - a term used in the Hillsborough Report - and said it was "apt to describe the experience of the group and their loved ones, not just at the hands of Mr Eljamel, but also at the hands of NHS Tayside, the Scottish Government and other authorities whose actions will be examined by this inquiry."

She said that many patients believed NHS Tayside had "evaded both moral and legal accountability" and had experienced "poor communication, a lack of candour, evasiveness and at times, dishonesty", and had lost faith in the NHS as a result.

She added: "Mr Eljamel was not simply a rogue surgeon acting without the knowledge of colleagues. Other healthcare workers were aware. Some appear to have challenged the conduct, but elected to take it no further. Others appear to have simply permitted the conduct to continue."

Una Doherty KC, representing NHS Tayside, told the Inquiry a decision to destroy log books was "unfortunate" and that "the individuals involved were not aware of connection between log books and Mr Eljamel".

She said some of the books destroyed in 2025 dated from the 1960s and that the information would most likely be replicated in patient records.

She added: "The individuals involved were not aware of the connection between the log books and Mr Eljamel. The destruction was carried out in accordance with the NHS and Scottish Government policies. The destroyed log books related to surgeries by Mr Eljamel and other members of staff.

"Given the importance of this matter, it has been raised at a senior level within NHS Tayside, renewed instructions have been communicated to staff in relation to logging and retention of documentation relevant to Mr Eljamel to try to ensure that there is no further destruction of documents.

"NHS Tayside has ascertained that much of the information normally contained within the destroyed log books should be contained in patient records, if those still exist, it is hoped that much of the information will still be available to the inquiry, albeit in a different format."