By Sainabou Sambou
The Chief Medical Director of Edward Francis Small Teaching Hospital (EFSTH), Dr. Mustapha Bittaye, informed the High Court on Monday that the post-mortem report central to a high-profile murder trial had long been handed over to the police, sparking sharp questions from the presiding judge over coordination failures and repeated delays in the case.
Justice Ebrima Jaiteh presided over the proceedings where Mariama Jallow stands accused of the murder of Cherno Touray under Section 187 of the Criminal Code. The state, represented by counsel M. Sarr, is prosecuting the case, while FC. Anyanwu represents the accused.
The incident occurred in November 2023 at Brufut Santa-Su, where Jallow is alleged to have intentionally stabbed Touray in the chest, leading to his death. The trial has been plagued by the prosecution’s inability to produce the post-mortem report, prompting an earlier application under Section 221 of the Evidence Act, 1994, to compel hospital authorities to appear and tender the document.
State Counsel M. Sarr informed the court that, despite several attempts, the State Law Office could not access the report. This led Justice Jaiteh to issue a summons on 16 March 2026 to Dr. Bittaye, with a stern warning that non-compliance could result in contempt of court proceedings. The judge had described the ongoing delay as a “disregard for the administration of justice and human life.”
Dr. Bittaye, appearing before the court, clarified that the post-mortem examination was duly conducted shortly after the incident. The original report was handed over to the police as per standard procedure, with the hospital retaining a copy for its records.
He explained the absence of the report on the previous adjourned date, stating that the doctor who performed the examination was unavailable. Dr. Bittaye said he had directed the department head to attend court, but the pathologist was also engaged in another case at the Brikama Magistrates’ Court.
“That is why we were not able to bring the paper on the last adjourned date as ordered by the court,” Dr. Bittaye told Justice Jaiteh.
The court also heard that the defense had previously challenged the existence of any post-mortem examination, citing the prosecution’s failure to produce it from the start of proceedings. Dr. Bittaye firmly dispelled this notion, confirming that the report was prepared and submitted to the police.
Justice Jaiteh expressed deep concern over the apparent lack of coordination between the police, the State Law Office, and EFSTH. He emphasized that these institutions form part of the same justice system and must collaborate effectively, particularly in serious criminal matters, where delays affect the rights of both the accused and the victim’s family.
The judge questioned why the prosecution resorted to summoning the hospital’s Chief Medical Director when the report was already in police custody. He noted that proper follow-up mechanisms could have resolved the issue without dragging senior medical officials into court.
Justice Jaiteh further stressed the importance of adhering to legal procedures for tendering expert evidence. He pointed out that Dr. Bittaye did not conduct the post-mortem himself and therefore could not provide detailed testimony on the medical findings. The report, the judge ruled, must be presented by the pathologist who performed the examination, identified as Dr. Leigh.
“Dr. Leigh will be in a better position to interpret the medical terminology and respond to any cross-examination,” Justice Jaiteh stated.
The judge also urged prosecutors to conduct thorough background checks before seeking to summon expert witnesses. He highlighted the need for medical professionals to possess a basic understanding of court procedures, as judges heavily rely on clear expert testimony in cases involving technical evidence.
Although the post-mortem report has now been physically produced in court, Justice Jaiteh ruled that it cannot be admitted into evidence until the proper procedural requirements are met, including testimony from the examining pathologist.
The matter has been adjourned to 8 June 2026, when Dr. Leigh is expected to appear and explain the findings before the report can be formally tendered as an exhibit.
