By Cecilia E.L. Mendy
The Banjul High Court has ordered the Chief Medical Director of the Edward Francis Small Teaching Hospital (EFSTH) to appear in court to produce a post-mortem report related to the death of Cherno Touray.
The order was issued on Monday by Justice Ebrima Jaiteh during proceedings in the murder case involving the accused, Mariama Jallow.
State counsel M. Sarr told the court that the State Law Office had not yet obtained the post-mortem report, despite a police request for the examination submitted on 1 December 2023 through the Banjul Magistrates’ Court. The prosecution requested, under Section 221 of the Evidence Act, 1994, that EFSTH management be summoned to produce the report.
Defence counsel F.C. Anyanwu opposed the application, arguing that no request for a post-mortem had been served and that, to their knowledge, no examination had been conducted. He added that if a report existed, it should have been produced at the start of the trial.
In his ruling, Justice Jaiteh said Section 221 empowers the court to summon any person, whether a party to the case or not, to produce documents deemed relevant to proceedings. He stressed that the provision allows the court to compel the production of material evidence, including documents held by third parties, to ensure proper administration of justice.
“Establishing the cause of death is critical in a murder case,” Justice Jaiteh said. “A post-mortem report provides essential details regarding the cause, time, and nature of death, which may help determine whether the injuries are consistent with the prosecution’s case.”
The judge noted that the absence of the report from the State Law Office does not confirm its nonexistence, stating that only medical authorities can verify whether a post-mortem was conducted.
Justice Jaiteh recalled that an earlier court order directing the Chief Medical Director to produce the report was served on 25 February 2026. However, by 16 March, neither the director nor a representative had appeared in court. Expressing concern over the failure to comply, he reminded that directives are legally binding and that public institutions have a duty to cooperate with the justice system.
The judge ordered the Chief Medical Director to appear in person on the next adjourned date to explain the noncompliance and to produce the post-mortem report or any related records. The court also directed the registrar and the Inspector General of Police to ensure the order is served and enforced.
The case was adjourned to 4 May 2026 for further proceedings.