By: Sainabou Sambou
The High Court of The Gambia today overruled defence objections and admitted the post-mortem report as key evidence in the murder trial of Arona Tine, a Senegalese national accused of fatally stabbing Fatoumatta Kargbo, an employee of a local forex bureau.
Justice Ebrima Jaiteh ruled the report—detailing a single chest stab wound that pierced the heart and caused haemopneumothorax—sufficiently noticed and central to establishing the cause of death, despite being served on the defence only one day before tendering.
Pathologist Dr. Ousman Leigh testified that the 19 January 2024 death resulted from massive internal bleeding following a penetrating injury between the sixth and seventh ribs that damaged the right heart chamber, left lung, and diaphragm.
The prosecution closed its case after the ruling. The defence will open on 28 April 2026.
The ruling came after detailed testimony from Prosecution Witness 9 (PW9), Dr. Ousman Leigh, a consultant pathologist, who conducted the autopsy on the body of Fatoumatta Kargbo, the alleged victim in the case. Arona Tine, the accused, was present in court during the proceedings.
Dr. Leigh, who has practiced pathology for 11 years, outlined his extensive qualifications and experience to the court. He currently works at AQA Medical Diagnostic Company Limited at Carnegie Hospital, having previously served at Edward Francis Small Teaching Hospital until August 31, 2025. His expertise lies in anatomical pathology, encompassing laboratory disease diagnosis, medico-legal and hospital post-mortems, and academic responsibilities.
The pathologist holds a Bachelor of Medicine and Bachelor of Surgery degree, membership in the West African College of Physicians, a Professional Master’s in Forensic and Legal Medicine, and a Postgraduate Diploma in Forensic Ballistics. He told the court he had performed approximately 200 autopsies during his time at Edward Francis Small Teaching Hospital and at least 1,000 since 2015.
Dr. Leigh testified that he carried out the post-mortem examination on Fatoumatta Kargbo on January 22, 2024, at the hospital’s mortuary, following a magistrate’s order. The body was identified by two relatives in the presence of the investigating police officer and the crime record officer. He prepared and signed the report dated January 22, 2024, marked Autopsy No—PM 06/2024.
The deceased, said to have died on January 19, 2024, was described as well-preserved upon arrival. Dr. Leigh detailed a single penetrating stab wound to the chest, entering the left chest wall between the sixth and seventh ribs. The blade pierced the pericardium (the heart’s covering), inflicted a through-and-through injury to the right chamber of the heart, extended toward the left, and also damaged the left diaphragm—the muscular partition between the chest and abdominal cavities.
The examination revealed approximately 500 millilitres of blood mixed with air in the left chest cavity, where external air had entered via a one-way path, resulting in collapse of the left lung (pneumothorax). An additional 150 millilitres of blood had accumulated in the abdominal cavity due to the diaphragmatic injury.
Dr. Leigh concluded that the cause of death was haemopneumothorax—accumulation of blood and air in the chest—stemming directly from the penetrating stab wound that pierced the heart. He emphasized that such an injury would trigger rapid, massive internal bleeding, likely proving fatal within a short period absent immediate medical intervention. He noted the findings were consistent with the wound’s trajectory and severity.
When the prosecution sought to tender the post-mortem report as evidence, the defence mounted a vigorous objection. Counsel Ade argued that although the report dated from January 22, 2024, it was only served on the defence on March 2, 2026—more than two years later. He contended this breached Section 241 of the Criminal Procedure Act, 2025, which mandates advance notice for additional evidence. He violated Section 24(3) of the Constitution by denying the accused adequate time and facilities to prepare a defence. The defence asserted that a minimum of 48 hours’ notice was required and urged the court to exclude the document.
Prosecutor F. Drammeh countered that a formal Notice of Additional List of Exhibits had been filed on February 26, 2026, providing over 48 hours’ notice before the tendering. He described the service of court documents as an administrative matter outside the State Law Office’s direct control. The prosecution stressed the report’s centrality in proving the cause of death, insisting there had been no bad faith or deliberate attempt to ambush the defence.
After hearing both sides, Justice Jaiteh delivered a balanced ruling. He underscored the need to weigh the prosecution’s entitlement to adduce relevant evidence against the accused’s constitutional right to a fair trial. The judge observed that formal notice had been given and found no evidence of intentional concealment or misconduct. Given the report’s critical relevance in a murder case turning on the cause of death, he ruled that excluding it over an administrative delay—absent demonstrated prejudice to the defence—would hinder the court’s truth-seeking function.
Justice Jaiteh added that the defence retained the opportunity to cross-examine Dr. Leigh thoroughly and could seek an adjournment if further preparation were needed. He overruled the objection and admitted the report as Prosecution Exhibit P11.
Under cross-examination, Dr. Leigh reaffirmed the autopsy date of January 22, 2024. He acknowledged that while he had signed the report, no signature date appeared beside it—an omission he attributed to his own oversight during preparation in January 2024, while still employed at the hospital. He could not pinpoint the precise signing date. He further confirmed he had never viewed photographs of the deceased taken by the crime record officer before, during, or after the examination, nor did he have access to them.
With Dr. Leigh’s testimony complete, the prosecution announced the closure of its case. The trial was adjourned to April 28, 2026, at 10:00 a.m., when the defence is scheduled to open its case.
Counsel F. Drammeh represented the State, while the defence team consisted of Counsel S. Ade, assisted by K. A. Muhammed.
