Gray ‘concerned, angry and appalled’ at destruction of logs linked to Eljamel

An investigation is being carried out into why logbooks relating to a disgraced neurosurgeon were destroyed ahead of a public inquiry into his conduct – with Scotland’s Health Secretary insisting he is “greatly concerned, angry and appalled” by what happened.

Neil Gray said he had met NHS Tayside chief executive Nicky Connor on Thursday, after the destruction of the books was revealed.

The disclosure came at a public inquiry being held into the practice of Sam Eljamel, who was a consultant neurosurgeon at Ninewells Hospital in Dundee from 1995 until his suspension in December 2013.

It 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.

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

Mr Gray said he was “greatly concerned, angry and appalled by this very serious issue”.

The Scottish Health Secretary said that “given the seriousness of the information shared regarding the destruction of potential evidence”, he had written to Ms Connor and had also held talks with her on Thursday to order an investigation.

Answering an urgent question on the situation at Holyrood, Mr Gray added: “As you would expect I was informed NHS Tayside has already begun this investigation.

“However I have ordered NHS Tayside to come back with a full account of their investigation into what happened.”

Mr Gray added that he expected a “fulsome investigation into what has happened”.

Making clear it was for the NHS board to “explain what happened”, he promised to provide MSPs with an update.

Scottish Conservative MSP Liz Smith, who campaigned alongside former patients for the public inquiry to be held, insisted that the destruction of the logbooks was “scandal of the highest order”.

She told Holyrood: “In my opinion there is potential for criminality.”

The Tory added: “It’s inexcusable that NHS Tayside defied legal notices and wilfully destroyed evidence central to the Eljamel public inquiry.

“These records were crucial to establishing how he was allowed to ruin so many lives. The destruction of them is another scandal that demands immediate, and if necessary, criminal, investigation.

“We must know who made this decision – and who in the health board or SNP government knew about it.”

The issue was raised in Holyrood after senior counsel for the inquiry Jamie Dawson KC said the destruction of documents could have “potentially serious legal consequences”.

He said: “NHS Tayside says the individuals involved were not aware of the connection between the theatre logbooks 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.”

Adding that Mr Eljamel is believed to have fled to Libya, Mr Dawson said the inquiry does not have the power to bring him from Libya to Scotland to answer “very reasonable and voluminous questions”.

The inquiry in Edinburgh will resume on a later date.