By Sainabou Sambou
Justice Ebrima Jaiteh of the High Court in Banjul on Monday admitted an autopsy report into evidence in the high-profile murder trial of Mariama Jallow, overruling a vigorous defense challenge concerning an alleged inconsistency in the document’s dating.
The accused, Mariama Jallow, sat calmly in the dock as proceedings unfolded. She is charged with the murder of Cheron Touray under Section 187 of the Criminal Code. Prosecutors allege that on a fateful night in November 2023 at Brufut Santa-Su, Jallow intentionally stabbed Touray in the chest, leading to his death.
State Counsel M. Sarr, leading the prosecution, applied to tender the autopsy report prepared by Dr. Ousman Leigh as evidence. The defense, represented by counsel F. C. Anyanwu, immediately objected, citing a discrepancy between the witness’s testimony and the report itself.
According to the defense, Dr. Leigh had testified during examination-in-chief that the report was prepared in February 2026, yet the document tendered did not clearly reflect that date. Anyanwu argued that this inconsistency undermined the report’s reliability, rendering it inadmissible.
Prosecutor Sarr countered that the defense had conflated two distinct dates: the date the post-mortem examination was physically conducted and the later date when the formal report was prepared and finalized. He urged the court to focus on the fundamental test of admissibility – relevance – rather than minor administrative details.
In a concise but firm ruling, Justice Jaiteh dismissed the objection. The judge emphasized that the primary criterion for admitting documentary evidence is its relevance to the facts in issue. Questions of authenticity, accuracy, or potential inconsistencies, he noted, go to the weight of the evidence rather than its admissibility.
“The court is not, at this stage, required to determine the truthfulness or otherwise of the document,” Justice Jaiteh stated. “That is a matter for cross-examination and final evaluation at the close of the case.”
The judge further observed that the autopsy report directly pertains to the post-mortem examination of the deceased and is therefore highly relevant to the central issue of the cause of death. Finding no legal rule excluding the document, he overruled the defense objection and admitted the report into evidence as Exhibit P4.
Justice Jaiteh, however, assured the defense that it remains fully at liberty to challenge the report’s authenticity, accuracy, and evidential value during cross-examination of the witness and in closing submissions.
The trial continues, with further witnesses expected to testify as the prosecution builds its case. The proceedings are being closely followed by legal observers and the public, given the gravity of the alleged offense and the technical nature of the evidentiary dispute.
