Former Dundee neurosurgeon Sam Eljamel fails to respond to Scottish inquiry as he continues to work in Libya

A Scottish public inquiry investigating the conduct of former Ninewells Hospital neurosurgeon Sam Eljamel said it has been unable to contact the surgeon, who left the UK and is continuing to practise in Libya, despite repeated attempts to reach him and the hospitals reported to be employing him.

Jamie Dawson KC, senior counsel to the Eljamel Inquiry, told the opening hearing in Edinburgh that a range of tracked communications had been made but had drawn no reply. He warned it was "inevitable" the inquiry would contain "substantial criticism" of Mr Eljamel's conduct but said the panel had been unable to secure his participation.

The inquiry, established to examine Mr Eljamel's appointments between 1995 and 2014 and how NHS Tayside responded when concerns were raised about his practice, detailed several lines of enquiry to locate him. Investigators attempted telephone contact with Misrata Medical Centre, which they identified as the largest hospital in the Libyan city, and sent emails in April and May seeking information about how to make contact. The inquiry also pursued leads suggesting Mr Eljamel might be working at a facility called Al Nada Hospital and sent a letter to the surgeon on May 28 through tracked methods seeking contact details and information on legal representation; a further email to the hospital was sent in July. None drew a response.

Eljamel was suspended from NHS Tayside in December 2013, resigned the following year and removed his name from the medical register in 2015. At least 200 former patients have alleged they were harmed by surgeries carried out by Mr Eljamel during his roughly 18 years at the health board; lawyers for the patient group say he performed thousands of operations in that period. Police Scotland opened Operation Stringent in 2018 to investigate allegations surrounding his practice. The inquiry has no power to compel evidence from someone who is not resident in the UK and cannot make criminal findings.

Joanna Cherry KC, who represents some of the patients, said most of her clients had suffered "serious mental health consequences" including post-traumatic stress disorder and suicidal ideation. She told the hearing that patients had longstanding concerns about the completeness and accuracy of their medical records, and in some cases suspected records may have been falsified.

Protesters and victims gathered outside the hearing on its opening day. One complainant, Jules Rose, has said a tear duct was removed instead of a brain tumour in an operation performed by Mr Eljamel. Ms Cherry said the patient group had "little to no confidence in NHS Tayside" and urged that any psychological support offered be provided by an independent body.

An Independent Clinical Review, set up by the Scottish Government to run alongside the public inquiry, was criticised by both counsel. Ms Cherry said the government's approach to co-ordination had been "obtuse" and warned that unresolved issues risked jeopardising both processes and causing additional distress to patients.

Before the hearing began, NHS Tayside issued an apology for its handling of concerns relating to the surgeon. Dr James Cotton, executive director of the health board, said: "We know that many people have experienced considerable distress as patients of Mr Eljamel and we understand that in many cases we have added to that trauma in the way that we have handled ongoing complaints and concerns. We are sincerely sorry for this."

The public inquiry will continue to gather evidence and is scheduled to resume hearings in November. It will focus on Mr Eljamel's recruitment and appointments, the standard of clinical governance at NHS Tayside during his tenure and how complaints and concerns were investigated and managed.