A disgraced neurosurgeon accused of performing life-altering botched operations on dozens of NHS patients is unlikely to ever return from Libya to face justice in the UK, according to legal experts familiar with the country's system.
The Surgeon Who Destroyed Lives
Former NHS Tayside neurosurgeon Sam Eljamel, originally from Libya, is believed to be currently working at a hospital in Misrata despite facing allegations from approximately 200 former patients in Scotland. The surgeon, who served as head of neurosurgery at NHS Tayside from 1995 until his suspension in 2013, stands accused of carrying out catastrophic brain and spinal operations that permanently damaged patients' lives.
Among the most shocking claims against Eljamel includes removing the wrong body parts during procedures. Despite initial malpractice allegations emerging during his tenure, NHS bosses permitted the surgeon to operate on an additional 111 patients unsupervised while under clinical supervision, a decision health chiefs have since admitted put patients at unnecessary risk.
Victims Left With Permanent Disabilities
Annemarie Pymm, a former tax worker from Perth, represents one of the most severe cases among Eljamel's former patients. After undergoing two brain operations by Eljamel to remove cancer, Mrs Pymm is now paralysed and can barely speak, requiring round-the-clock care from her husband Dougie.
"She can't walk. She can't talk. She can't do anything for herself," Mr Pymm told Sky News, sitting beside his wife. "Professor Eljamel... Do you know what he has done to my wife and 200 other people? He mutilated them."
Jules Rose from Kinross, who has become the lead campaigner in the scandal, experienced what proved to be Eljamel's final NHS operation on Scottish soil. Medical records reveal that during surgery, Eljamel removed her tear gland instead of a brain tumour. Ms Rose, unaware the surgeon was under investigation at the time, has since won a successful lawsuit against the NHS.
"Where were the checks and balances in all of this? Where were the systemic processes that Eljamel should have been going through?" Ms Rose questioned. The former marathon runner describes Eljamel as "a butcher who destroyed my life".
Extradition Unlikely Despite Treaty
Although a formal extradition treaty exists between the UK and Libya, permitting Libyan nationals to be returned to Britain under specific criminal circumstances, legal experts consider the prospect of Eljamel facing justice in Scotland highly unlikely.
Professor Peter Watson, a senior lawyer who represented British families during the decades-long Lockerbie bombing investigation, told Sky News: "I think the challenge is probably too big. The steps that Crown Office and the police would be required to take would require the cooperation and agreement of the Libyan authorities. It is difficult to see how that would happen."
Professor Watson emphasised the complications arising from Libya's political situation, stating: "Libya is a country in turmoil. Various factions are fighting to take control of various parts. You'd have to persuade the Libyan authorities that it was in the interests of their citizens and of Libya for this process to take place."
Ongoing Investigations and Destroyed Evidence
A judge-led independent public inquiry examining the systemic failures that allowed Eljamel's alleged malpractice to continue is currently underway in Edinburgh. The inquiry is investigating the lack of effective systems to detect recurrent surgical mistakes during Eljamel's eighteen-year tenure in Scotland.
In a significant development that has hampered investigations, it emerged earlier this week that 40 hard copy theatre logbooks containing crucial information about surgeries performed by Eljamel between 1995 and 2013 were destroyed in July this year. This destruction occurred despite a formal "Do Not Destroy" order being in place for the inquiry.
NHS Tayside has apologised for the destruction of these records and has committed to fully cooperating with all ongoing investigations and inquiries. Meanwhile, Police Scotland continues to examine up to 200 patient cases as part of an ongoing criminal investigation into Eljamel's conduct.
In 2021, a Scottish court ordered Dr Eljamel to pay £2.8 million in compensation to a former patient after a judge ruled the surgeon was entirely responsible for leaving the woman with serious disabilities. Despite this ruling and the mounting evidence against him, Eljamel continues to practice medicine in Libya, with Sky News confirming his employment at a Misrata hospital where he reportedly works almost daily.
