By: Nicholas Bass
The Banjul High Court Wednesday ordered The Gambia Medical Control Agency to pay a sum of D2,500 each as transport cost to eighteen [18] family victims of the deceased children who suffered from Acute Kidney Injury [AKI].
The court presided over by Honourable Justice Ebrima Jaiteh said the sum should be paid to victims’ families who were present in court for delayed proceedings.
The defence state counsel, M. D. Mballow, representing the 1st, 2nd, and 3rd defendants, the Medical Control Agency, Ministry of Health, and the Attorney General, applied to the court for the boss of Atlantic Pharmaceutical Company Limited [importer], Ali Shuman, to be recalled to court.
Counsel Mballow stated that the questions his colleague asked Mr. Shuman were not sufficient, claiming that he would want to cross-examine Shuman on alleged contaminated drugs that allegedly took the lives of some Gambian children.
The state counsel Mballow disclosed that his colleague handling the matter was sick, noting that the MAC witness was not’’ ready’’ to testify in court, while seeking from the court for an adjournment.
Counsel L Farage, representing the plaintiffs [complainants], objected to the application of counsel Mballow, arguing that counsel Mballow ought to have filed a formal application before the court for the boss of Atlantic Pharmaceutical to be recalled in court.
Counsel Farage pleaded with the court to continue with the defence witness of MAC.
Counsel Sheriff M. Tambadou, representing Atlantic Pharmaceutical Company, did not oppose the application of the state counsel Mballow.
After hearing both parties’ submissions, the presiding Judge in his ruling stated that granting adjournment lies within the discretion of the court, which, according to Justice Jaiteh, must’’ be exercised judiciously’’ and ‘’sparingly’’, particularly in cases.
He disclosed that the scheduled defence witness of MCA was well aware of yesterday’s proceedings, stressing that the witness, having previously sworn to an affidavit, failed to appear or indicate unavailability in advance.
‘’This court granted the application to recall DW1, Ali Shuman,’’ he ruled.
Justice Jaiteh further ordered The Gambia Medical Control to pay D2500 to each plaintiff who was present in court.
Meanwhile, the Court revealed that on 30 June 2023, families of 19 deceased children filed a civil lawsuit against Maiden Pharmaceutical Company, Atlantic Pharmaceutical Company (the importer), the MCA, the Ministry of Health, and the Attorney General. The plaintiffs are seeking a declaration that the MCA failed in its responsibility to ensure the safety, quality, and regulation of medicines, among other claims.
