AKI Trial Proper to Begin After Ministry of Health Submits Key Evidence

Justice Jaiteh © Unknown

By Edward Francis Dalliah

High Court Judge, Justice Ebrima Jaiteh announced on Thursday, 14th November 2024 that the trial proper for the Acute Kidney Injury (AKI) will begin on 21st November 2024, pending the submission of crucial documents from the Ministry of Health to support the plaintiffs' claims.

In our previous report, it was stated that the Minister of Health, Hon Ahmadou Lamin Samateh was scheduled to appear in court on 14th November. However, he did not attend in person, instead, the Chief Medical Director of the Edward Francis Small Teaching Hospital, Dr Mustapha Bittaye, appeared on his behalf.

When asked by Justice Jaiteh whether he had the documents requested by the court, Dr Bittaye informed the court that only five of the required documents had been located so far. He explained that the remaining documents are difficult to find, as they are not in the same locations. However, he assured the court that his team is currently working diligently to locate them, but he was unable to provide a specific timeline for their submission.

Dr Bittaye further explained that some of the documents in their possession were photocopies, not original copies, and therefore could not be submitted to the court. In response, Justice Jaiteh advised him to certify them as true copies of the originals by adding his signature and stamp and to submit them to the court on 21st November 2024.

Justice Jaiteh acknowledged the difficulty in locating the documents and thanked Dr Bittaye and his team for their efforts. He likened the challenge to the court's struggles when trying to retrieve records from its archives. Nevertheless, he urged Dr Bittaye to continue making his best effort.

Before allowing him to go, Justice Jaiteh urged the State to explore the possibility of negotiating a settlement with the victims outside the courtroom. Meanwhile, the plaintiffs’ legal team was permitted to submit their remaining evidence, which was formally entered into the record. Defence Counsel Binga also submitted photocopies of letters and statements from the Medical Control Agency (MCA), which were addressed to medical importers, wholesalers, retailers, and other relevant entities, as well as other documents as evidence for the defendant. The documents were admitted, however, Justice Jaiteh sought for the original copies to be made available as well.

The case was adjourned to 21st November 2024 at 10 am to submit the necessary documents from the Ministry of Health for the commencement of the trial. Meanwhile, a fine of two thousand five hundred dalasis (D2,500) was imposed, to be paid if any witness from either side fails to attend the trial.