Management should explain how evidence was destroyed say Eljamel patient group

The patient action group representing former patients in the Eljamel Inquiry have demanded that the chief executive and senior management of NHS Tayside be summoned to explain under oath how evidence relating to the case was destroyed.

A public inquiry is taking place after patients of former neurosurgeon Sam Eljamel raised concerns that 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.

The Patients’ Action Group (PAG), representing many former patients of Mr Eljamel, have responded to the “revelations”.

They said that whether it was “incompetence or a cover-up” learning that the evidence had been destroyed proved that the “culture at NHS Tayside has not changed enough.”

The group are demanding that the inquiry summons the chief executive and senior management to explain under oath how the destruction of such evidence happened.

Alan Ogilvie, spokesperson for the PAG, said: “We walked into these hearings hoping for a start to the healing process. Instead, we were hit with the revelation that NHS Tayside destroyed vital theatre logbooks just four months ago.

“For years, we have been told that lessons have been learned and systems have changed. Yet, in July 2025 — with a public inquiry underway and preservation orders in place — evidence that could have explained what happened to us was shredded. Whether this was incompetence or a cover up, it proves that the culture at NHS Tayside has not changed enough.”

Mr Olgilvie continued: “We are grateful to Jamie Dawson KC for his forensic dismantling of the excuses offered by the institutions. His challenge to NHS Tayside regarding their ambiguous legal support plans showed that this inquiry will not be a tick-box exercise.”

In November, NHS Tayside confirmed that approximately 40 hard-copy theatre logbooks, covering the period of 1995 to 2013, were destroyed by staff on July 24 2025.

When asked last week about concerns that this may have been done deliberately, First Minister John 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.

A spokesperson from NHS Tayside said: “A member of NHS Tayside staff received a request from Police Scotland Operation Stringent on 28 August 2025, requesting to seize theatre logbooks containing information regarding the surgical practice of Mr Eljamel from 1995 to 2013.

“Upon receipt of this request, it was discovered that a number of hard copy theatre logbooks were destroyed in error on 24 July 2025. NHS Tayside remains deeply sorry that this happened.

“As soon as the incident became apparent, the matter was escalated in NHS Tayside and an internal investigation was commissioned.

“The outcome of the investigation is that the logbooks were placed into the confidential waste stream for disposal by members of staff in the department where the logbooks were held.

“The individuals involved were not aware of the connection between the theatre logbooks and Mr Eljamel and the disposal of the books was an error.

“On the conclusion of the internal investigation, NHS Tayside advised Police Scotland and The Eljamel Inquiry of the findings.

“NHS Tayside recognises this is an extremely significant incident and has commissioned an independent, external review of the organisation’s systems, processes, actions and governance arrangements in response to the Inquiry’s Do Not Destroy Notice.

“The external review will bring forward recommendations to the Board. It is taking all steps to try to ensure there can be no further destruction of any documentation in error.”

A Scottish Government spokesperson said: “We fully recognise the pain and distress experienced by people impacted by Mr Eljamel’s practice. That is why the Scottish Government 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 Health Secretary has written to NHS Tayside seeking assurances that proper record governance is in place and that the board is fully supporting the Eljamel inquiry in its work.”