Gambiaj.com – (BANJUL, The Gambia) – The Edward Francis Small Teaching Hospital (EFSTH) in Banjul has come under judicial scrutiny after the Chief Medical Director failed to comply with a court order to produce a post-mortem report in the murder trial of Mariama Jallow. Jallow is accused of fatally stabbing Cherno Touray in Brufut.
Justice Ebrima Jaiteh of the High Court expressed serious concern over the hospital’s lack of response, describing it as a disregard for both the administration of justice and the sanctity of human life.
The matter arose when State Counsel M. Sarr informed the court that the State Law Office had been unable to obtain the postmortem report, despite the police formally requesting an examination of the deceased’s body on 1 December 2023.
Pursuant to section 221 of the Evidence Act, 1994, the prosecution asked the court to summon EFSTH management to produce the report.
The defence, led by F. C. Anyanwu, opposed the application, arguing that they had not been served with any post-mortem request and doubted that such an examination had been conducted.
Justice Jaiteh, however, stressed that the court has statutory authority to compel third parties, including public institutions, to produce documents critical to criminal proceedings.
“A postmortem report is often the most authoritative medical and scientific evidence available to assist the court in determining the cause, nature, and circumstances of death,” Justice Jaiteh said. “It is not a peripheral document; it is central to a homicide trial.”
The Court had formally served the order on the EFSTH Chief Medical Director on 25 February 2026. When the matter was called on 16 March, no representative appeared, and no explanation was provided for the missing report. Justice Jaiteh condemned the hospital’s failure to comply, highlighting that court orders are binding and crucial to upholding the rule of law.
The Court ruled that the Chief Medical Director must personally appear at the next adjourned hearing on 4 May 2026 to explain the failure to comply and show cause why he should not be cited for contempt of court.
He is also required to produce the post-mortem report or any official record indicating whether the examination was conducted.
The ruling directs the Registrar to ensure the order is personally served and tasks the Inspector General of Police with assisting the Court in securing the attendance of the relevant medical officer if necessary.
Justice Jaiteh concluded that full compliance with court orders is essential, particularly in cases involving the alleged unlawful loss of human life, noting that “the administration of justice demands nothing less.”
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