Swinney has ‘no reason’ to think Eljamel documents were destroyed deliberately

Scotland’s First Minister has insisted he has “no reason” to think that a health board deliberately destroyed documents relating to neurosurgeon Sam Eljamel ahead of a public inquiry into the disgraced medic’s conduct.

John Swinney said that “in every other respect, NHS Tayside is fully cooperating” with the public inquiry.

But he said the destruction of theatre log books linked to Mr Eljamel – a consultant neurosurgeon at Ninewells Hospital in Dundee from 1995 until his suspension in December 2013 – was a “deeply concerning situation, particularly given the significance of the inquiry”.

The public inquiry is taking place after patients of the former neurosurgeon, originally from Libya, raised concerns he had harmed as many as 200 people, with some said to have suffered life-changing injuries.

And while a “do not destroy” order was issued by inquiry chairman Lord Weir in October 2024, it emerged last month that around 40 hard copy theatre logbooks linked to Mr Eljamel had been destroyed by NHS Tayside employees this year.

Asked about concerns that this may have been done deliberately, Mr Swinney told journalists he had “no reason to suspect” that this was “anything other than an error that’s been made in the handling of this issue”.

The First Minister was pressed on the issue as he made clear he expected bosses at NHS Tayside to handle information “accordingly”.

He said he had not spoken to NHS Tayside chief executive Nicky Connor personally – but said that Health Secretary Neil Gray had done so.

Mr Gray has “issued correspondence to NHS Tayside about this issue, seeking assurances” the First Minister said.

It comes after Mr Gray told MSPs at Holyrood he was “greatly concerned, angry and appalled” by what happened.

Speaking on Monday, Mr Swinney said: “Clearly, I endorse all that the Health Secretary has said about this. I think it’s a deeply concerning situation, particularly given the significance of the inquiry.

“But obviously what has also been made clear is that there will be other information sources that can help, particularly through individual health records.”

However, senior counsel for the inquiry Jamie Dawson KC has said the destruction of documents could have “potentially serious legal consequences”.

The public inquiry, which is taking place in Edinburgh, will resume at a later date.