SNP order probe into Eljamel Inquiry evidence destruction as 'criminality' fears raised
The Health Secretary only found out the records had been destroyed when open statements were made on Wednesday, despite the health board having known about the situation since September.
Health Secretary Neil Gray has ordered an immediate investigation by NHS chiefs after medical records linked to a public inquiry into the actions of disgraced surgeon Sam Eljamel were destroyed, amid fears over the “distinct possibility of criminality” at play.
Mr Gray said he was “greatly concerned, angry and appalled”, as he confirmed NHS Tayside first learned in September the medical records potentially required for the inquiry, which began proceedings this week, had been destroyed.
The senior SNP minister said he only found out when opening statements were delivered and reported in the media on Wednesday.
The visibly angry health secretary told MSPs in Holyrood that he met with chief executive of NHS Tayside, Nicky Connor, on Thursday and received an apology.
But opposition MSPs, who also vented their anger at the actions, have warned that a criminal act could have taken place. Lawyers for NHS Tayside have claimed the important records were destroyed by staff accidentally.
Mr Eljamel, who was head of neurosurgery at Dundee’s Ninewells Hospital from 1995 until his suspension in December 2013, was found to have harmed dozens of patients, leaving some with life-changing injuries.
The Eljamel Inquiry, set up to investigate the neurosurgeon’s professional practice, had issued a “do not destroy” order in October last year. But around 40 hard copy theatre log books linked to Mr Eljamel have been destroyed by NHS Tayside employees this year.
“I am greatly concerned, angry and appalled by this very serious issue”, Mr Gray said.
“I recognise the anger and upset that will be felt by the former patients of Eljamel and the campaigners who have worked so tirelessly for justice.
“I recognise from my discussions with some of them that for many of those former patients and campaigners, their faith in NHS Tayside was already low. This will be a further blow to the trust that they have in NHS Tayside.”
The SNP health secretary told MSPs the Scottish Government’s inquiry response team received a copy of all core participants’ opening statements from the public inquiry on Monday. But he said that due to strict confidentiality rules, “my policy officials and I were not made aware until this information was in the public domain yesterday”.
“Given the seriousness of the information shared in this statement regarding the destruction of potential evidence, I’ve written urgently to the chief executive of NHS Tayside and met with her today to order an investigation into what has happened and to ensure appropriate processes on information governance are being followed,” he said.
READ MORE: SNP must get to grips with Scotland's 'eye-watering' £250 million bill for public inquiries
“I was informed that NHS Tayside has already begun this investigation. However, I’ve ordered NHS Tayside to come back with a full account of this investigation into what happened.”
Mr Gray said he had told Ms Connor that “I expect an update immediately as to what happened” as well as “when it happened” and “why the government was not notified”.
He added: “When I spoke to NHS Tayside’s chief executive this afternoon, she outlined to me that she herself was made aware of this destruction in September.
“The chief executive has apologised for the failure to inform the Scottish Government. I expect that apology to be extended to wider than just me. I expect a fulsome investigation as to what has happened and for the explanation to be on the record.”
Scottish Conservative MSP Liz Smith hit out at the “appalling revelations”, branding the situation “a scandal of the highest order”.
She said: “In my opinion, there is potential for criminality.
“What makes it worse is that those of us who have attended recent meetings with NHS Tayside and, indeed, with the Scottish Government have been repeatedly assured that lessons have been learned from the Eljamel scandal and that new procedures have been put in place to ensure that this never happens again. But yesterday’s events prove that these assurances are entirely false.”
Scottish Labour MSP Michael Marra warned that “for victims, this appears to be of little surprise”, adding “that’s how shocking their treatment by NHS Tayside has been”.
He said: “It does appear to me there’s a distinct possibility of criminality here.”
Scottish Lib Dems MSP Willie Rennie also highlighted his “fury” at the situation, stressing any trust that remained by the public with the health board has now been “completely shattered”.
“Patients believe that NHS Tayside has been secretive and evasive,” he said. “That’s why we’re having a public inquiry.
“I hope that this Parliament speaks with one voice to NHS Tayside that they have done irreparable damage to the trust, not just in NHS Tayside, but to the NHS as a whole.”
Earlier, senior counsel for the inquiry, Jamie Dawson KC, described the situation as “troubling”. He said the destruction of documents “had occurred in real time rather than historically” and it could have “potentially serious legal consequences”.
He said: “NHS Tayside says the individuals involved were not aware of the connection between the theatre log books 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.”
To date, 138 former patients who claim they were harmed by Mr Eljamel are listed as core participants at the public inquiry.
The inquiry in Edinburgh will resume on a later date.
Comments
Want to join the conversation? Please or to comment on this article.