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EXCLUSIVE: Eljamel ‘criminal investigation’ launched as police chief reveals prosecution decision timescale

Police have already been probing the rogue former NHS Tayside surgeon for more than six years.

Disgraced ex-NHS Tayside surgeon Sam Eljamel at the operating table in August last year.
Disgraced ex-NHS Tayside surgeon Sam Eljamel at the operating table in August last year.

Disgraced former Dundee surgeon Sam Eljamel is now the subject of a “criminal investigation”, The Courier can reveal.

Scotland’s top law officer, Lord Advocate Dorothy Bain, has escalated the long-running probe into the rogue ex-NHS Tayside doctor’s botched surgeries.

But Detective Paul Livingstone, head of major crime at Police Scotland, warned it will take between 18 months and two years before a decision is made whether to prosecute Eljamel.

In a letter to the neurosurgeon’s patients sent on Friday, he said this was due to “the complexities of the investigation”.

Victims of Eljamel first complained to police about his conduct in 2018.

Dorothy Bain KC.
Dorothy Bain KC. Image: COPFS.

They later grew frustrated about the lack of concrete action and protested outside Dundee’s Bell Street station over the delays.

The probe was only escalated to a major investigation in 2023, after a public inquiry into the huge medical scandal was announced.

“While it’s another step to feeling vindicated, myself and other harmed victims won’t fully rest until criminality has been fully established,” said Kinross mum Jules Rose, a campaigner.

“This has been years in the making.”

Eljamel campaigner Jules Rose. Image: Mhairi Edwards/DC Thomson.

Ms Rose recently met Lord Advocate Ms Bain.

In his letter to patients, Mr Livingstone said: “The Lord Advocate has confirmed there is a basis to accept a criminal investigation into the actions of Sam Eljamel under NHS Tayside from 1995 to 2013.

“However, given the complexities of the investigation, it will take another 18 to 24 months before any decision is made around prosecution.

“I recognise the impact this case has had on many people and I offer my sincere apologies around the shortcomings of the initial police response to the complaints in 2018.

“We have ensured the highest levels of experience, expertise and specialist knowledge are in place for what is an extremely complex and protracted investigation.”

Disgraced ex-NHS Tayside surgeon Sam Eljamel.

Mr Livingstone also revealed patients will now received a monthly update from the senior detective heading up the case.

Disgraced Eljamel fled to home country Libya after he departed from Dundee’s Ninewells Hospital when his behaviour was exposed.

Police officers investigating the case have previously admitted they fear he will never be extradited back to Scotland.

Patient Ms Rose met Labour Scottish Secretary Ian Murray last year to discuss ways of forcing him to return.

The Courier previously revealed Mr Murray was willing to hold talks with Libyan authorities and call in the foreign secretary.

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