Gambiaj.com – (BANJUL, The Gambia) – The Chief Medical Director of Edward Francis Small Teaching Hospital (EFSTH), Dr. Mustapha Bittaye, on Monday appeared before the High Court to explain the hospital’s failure to produce a post-mortem report on a previous adjourned date, despite a court summons.
The issue stems from proceedings in the murder trial of Mariama Jallow, who is accused of killing Cherno Touray in Brufut Village. On 16 March 2026, Justice Ebrima Jaiteh summoned Dr. Bittaye for contempt after the hospital failed to submit the report, which police had originally requested on 1 December 2023.
The matter arose when State Counsel M. Sarr informed the court that the State Law Office had been unable to obtain the postmortem report.
He subsequently applied, under Section 221 of the Evidence Act 1994, for the hospital’s management to appear and produce the document. Justice Jaiteh criticized the delay, stating that it “shows disregard for the administration of justice and human life.”
In his testimony, Dr. Bittaye told the court that the post-mortem examination had been conducted “a long time ago” and that the original report was handed over to the police upon request.
He explained that upon receiving the court order, he instructed the head of the department responsible for the post-mortem to appear in court and tender the report.
However, the doctor in question was engaged in another matter at the Brikama Magistrates’ Court on the last adjourned date, which prevented compliance with the High Court’s order.
Following the eventual production of the document in court, the prosecution applied to tender it into evidence.
However, Justice Jaiteh noted that Dr. Bittaye did not conduct the post-mortem and therefore was not best placed to interpret its contents.
The court emphasized that the pathologist who carried out the examination, identified as Dr. Leigh, would be better suited to explain the medical terminology contained in the report. Justice Jaiteh also urged the prosecution to conduct proper background checks before making applications to summon individuals before the court.
The case has been adjourned to 8 June at 10 a.m., when Dr. Leigh is expected to appear and provide clarification on the report before it can be formally admitted into evidence.
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