AKI Court Case Adjourned After Judge Summoned to Parliament
Justice Ebrima Jaiteh © Judiciary of the Republic of The Gambia
By Yusef Taylor, @FlexDan_YT
The Acute Kidney Injury (AKI) legal suit where some 27 bereaved parents have filed for damages against the Government and two Pharmaceutical Companies was adjourned to the 12th of November 2024 after High Court Judge, Justice Ebrima Jaiteh failed to appear at 2:15 pm today 29th October 2024.
After arriving for the hearing at 2:15pm, our reporter was informed that the hearing was adjourned as the Judge had been summoned to Parliament which was a few minutes’ walk from the High Court in Banjul. In addition to this, a lawyer from the Plaintiffs informed our reporter that the session would continue as scheduled in two weeks’ time.
After our reporter departed, one of the Plaintiffs informed our medium that Justice Jaiteh arrived and attempted to convene a hearing, however, Defense Lawyer Bingha had left the premises and was unreachable via telephone. After a failed attempt to convene a court hearing it was agreed to start the next court hearing earlier so as to catch up with the proceedings.
Today’s hearing would have given the Legal Counsel for the Defense and the Plaintiffs an opportunity to agree which documents would be admissible for the Trial proper. This would have marked the last day of Pre-Trial. Trial proper would present a chance to cross examine the evidence and the witnesses where the bereaved parents are expected to take the stand under oath.
Bereaved Parents waiting after Court Hearing is Adjourned © Askanwi Media
The AKI Outbreak occurred after tainted cough syrups manufactured in India by Maiden Pharmaceuticals and imported and distributed in The Gambia by Atlantic Pharmaceuticals killed over 72 children back in 2022. A Parliamentary Inquiry and a Presidential Taskforce Report both recommended for the Government to file a law suit against the Pharmaceutical Companies on behalf of the bereaved parents. However, the Government failed to act and now some 27 bereaved parents have filed a lawsuit against the Medicines Control Agency (MCA), the Ministry of Health, the Attorney General’s Office, Maiden Pharmaceuticals and Atlantic Pharmaceuticals.
The Legal Suit seeks multiple declarations from the court that the Government has failed its statutory duties through the MCA and the Ministry of Health. In addition, the bereaved parents are seeking for damages for death and suffering of their deceased child to the tune of D15 million each.
The lawsuit was filed back in July 2023. Justice Jaiteh had scheduled court hearings all through October and November 2024 aiming to issue a Judgement in December 2024.
