John Swinney says it is “vital” to address concerns from the Lord Advocate about the length of the police investigation into disgraced surgeon Sam Eljamel.
Scotland’s top prosecutor Dorothy Bain KC said the seven-year investigation into the neurosurgeon had gone on for “far too long” and apologised to campaigners for the delay.
The former neurosurgeon is thought to have harmed as many as 200 patients while based in Dundee and, in addition to the criminal investigation, a public inquiry into his actions is taking place.
He later left Scotland and is now believed to be operating in Libya.
The First Minister discussed the Lord Advocate’s comments as he visited an NHS 24 call centre in Dundee, saying it is important that police and prosecutorial decisions are made independently of ministers.
He told the PA news agency: “These are understandable points that have been raised about the time that it’s taken to address these issues, but fundamentally it is for the police to determine how they take forward investigations.
“The Lord Advocate has made clear, as the independent head of the prosecution service, the importance she attaches to this being undertaken timeously.
“So it’s vital that the concerns that the Lord Advocate has expressed are taken forward.”
In a letter to campaigner Jules Rose, the Lord Advocate said: “I fully accept that you are profoundly concerned about the time that has now elapsed – seven years – between the first report to Operation Stringent and where the criminal investigation now sits.
“I agree that this timescale is far too long, and I have tried since my appointment in June 2021 to influence this as far as I can.
“In doing so, I have met personally with senior prosecutors and police officials to ensure that this investigation is prioritised.”
The Lord Advocate said she had been concerned for some time about the progress of the investigation and met with senior police officers to discuss it in September.
However, she explained that she is not in charge of police resources.
MSPs Michael Marra, Liz Smith and Willie Rennie issued a joint statement.
It said: “This is a hugely significant intervention from the Lord Advocate.
“The Lord Advocate rightly acknowledges that victims have had to wait far too long for any progress on Operation Stringent, Police Scotland’s investigation into the actions of disgraced surgeon Sam Eljamel.
“The Lord Advocate’s apology to victims is welcome, but Police Scotland must now take action.”
The three MSPs also received a letter from Assistant Chief Constable Steve Johnson of Police Scotland.
He said: “One related issue you raise is your concerns with the length of time it is taking for any information to emerge in terms of relevant updates for former patients.
“As you quite rightly state, this is a complex inquiry and, as this is a live investigation, I am limited as to my disclosure of certain information.
“The investigation is being led by a senior investigating officer (SIO) with a team of detectives from our major investigation team.
“To date, they have engaged with over 100 former patients of Professor Eljamel and the team are working tirelessly to progress what is a complex and protracted inquiry, spanning a significant timeframe from 1995 to 2014.”
Responding to the Lord Advocate’s comments, a Police Scotland spokeswoman said: “This is an extremely complex and protracted investigation which is being investigated by the Major Investigation Team to ensure it has the experience and specialist knowledge required.
“Over the course of the investigation, two advice and guidance reports have been submitted to the Crown Office and Procurator Fiscal Service.
“Extensive inquiries remain ongoing, as we continue to work alongside partner agencies, and receive further direction from COPFS.”
