By Arret Jatta
The Banjul High Court has ordered the chief medical director of the Edward Francis Small Teaching Hospital, Dr Mustapha Bittaye to personally appear before the court to explain the failure to comply with an order requiring the production of a post-mortem report in an on-going murder trial.
The order was issued on Monday by Justice Ebrima Jaiteh during proceedings in the case of The State versus Mariama Jallow in which the latter is standing trial for the alleged murder of a teenager, Cherno Touray.
Mariama Jallow, a resident of Brufut, has pleaded not guilty to a single count of murder under Section 187 of the Criminal Code.
Prosecutors alleged that she fatally stabbed the 16-year-old in the chest with a knife during an incident that occurred in Brufut on 29th November, 2023.
During Monday’s sitting, State Counsel M Sarr informed the court that the State Law Office had been unable to obtain the post-mortem report on the deceased despite a formal police request for the examination as far back as 1st December, 2023.
Relying on Section 221 of the Evidence Act, 1994, the prosecution applied for the court to summon the management of EFSTH to produce the report. Defence counsel FC Anyanwu opposed the application, arguing that the defence had not been served with any request for a post-mortem examination suggesting that no such examination may have been conducted.
In his ruling, Justice Jaiteh held that the law empowers the court to summon any person or institution in custody of documents relevant to a case. He emphasised that in a murder trial, establishing the cause of death is a fundamental element that the prosecution must prove beyond reasonable doubt.
The judge noted that a post-mortem report is often the most authoritative medical evidence in homicide cases, as it helps determine the cause and circumstances of death.
The court had earlier ordered the Chief Medical Director of EFSTH, or a designated officer, to appear and produce the report. However, when the case was called on 16th March, 2026, neither the director nor any representative from the hospital appeared before the court.
Justice Jaiteh described the failure to comply with the court’s order as “deeply troubling,” stressing that court orders are binding and must be respected by all public institutions.
He warned that the conduct of the hospital’s management appeared to amount to contempt of court. Consequently, the judge ordered the chief medical director to personally appear before the court on the next adjourned date to show cause why he should not be cited for contempt of court and to produce the post-mortem report relating to the late Cherno Touray or any official documentation explaining whether such an examination was conducted.
The court further directed the Inspector General of Police to assist in ensuring compliance with the order. The case has been adjourned to 4th May for further proceedings.
