Patients of disgraced Sam Eljamel left 'anxious and suspicious' amid Edinburgh inquiry delay

Silence over delays caused by building safety concerns at Waverley Gate, Edinburgh have left patients of the disgraced former surgeon Sam Eljamel “anxious and suspicious”, according to a lawyer.

The first evidential hearings in the Eljamel Inquiry were scheduled to start in April. It is understood that the inquiry team became aware of concerns about the building’s compliance with fire safety regulations last year.

Jamie Dawson KC, senior counsel to the inquiry, said it was not until February this year it then “became apparent” to chair Lord Weir that the issue posed a “real risk” to attendees’ safety.

There are question marks over City of Edinburgh Council’s involvement in the talks over Waverley Gate. The local authority said it had no involvement.

The Courier reported it had obtained documents via a Freedom of Information that suggests City of Edinburgh council recommended that patients should not be able to attend hearings in-person.

An email dated March 11 reads: “Scottish Government (SG) has recently been made aware of questions raised by Edinburgh City Council to the landlord of Waverley Gate.

“The Eljamel Inquiry team occupies part of the building and the questions raised are being investigated by SG officials in liaison with the landlord and Edinburgh City Council.”

Now patients await a decision on whether the situation with the building can be resolved, or an alternative venue found. But, the lack of “public pronouncement” has led to accusations that the inquiry is seeking to exclude patients from it.

The inquiry into Sam Eljamel has been delayed amid concerns over building safety. | Local Library

Mr Dawson said: “The result of the failure to issue such a public pronouncement before now, I fear, has been a vacuum in which members of the public, including traumatised patients, have been left uninformed, anxious and suspicious.

“This is confirmed by a prominent campaigner and core participant in the inquiry, who is quoted in The Courier (newspaper) this morning as saying there has been a lack of transparency, which has only fuelled confusion, concern, and inevitably, speculation amongst patients and families.

“For clarity, this lack of public explanation is not a matter of the inquiry’s making, nor was it within the inquiry’s control to offer such an explanation.

“The inquiry has, in large part, remained as confused, uninformed and dissatisfied with this situation as the public, in particular patients, clearly have as well.”

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

Mr Eljamel 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 since thought to have returned to Libya to practise there.

The inquiry was due to begin at Waverley Gate in April | Local Library

Alastair Duncan KC responded on behalf of the Scottish Government in its role as sponsor of the inquiry.

Discussing the issues with the inquiry venue, he acknowledged “the situation that has arisen here is deeply regrettable”.

He said there had been talks to resolve the fire safety and building warrant issues.

Mr Duncan said the Government would write to the inquiry about a proposed “plan B” for the venue, which may involve the suite used by the Scottish Child Abuse Inquiry.

He also acknowledged there had been “deficiencies” in the Government’s reporting of the issues, saying he wished to repeat the Government’s apology for this.

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A Scottish Government spokesperson said: “The Scottish Government fully recognises the pain and distress experienced by people impacted by Mr Eljamel’s practice.

“That is why we 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 building has now been purchased by a new landlord and, as leaseholder, the Scottish Government is in discussions with the new landlord to seek a solution and will provide any necessary support required by Lord Weir to ensure hearings are accessible.”

City of Edinburgh Council has been contacted for comment.