Justice Jaiteh Condemns Health Minister’s Absence from AKI Court Hearing
Health Minister Samateh with mask at AKI Presser © Askanwi Media
By Edward Francis Dalliah
In a recent development in the Acute Kidney Injury (AKI) court case, Justice Ebrima Jaiteh of the High Court, condemned the absence of the Minister of Health, Hon Ahmadou Lamin Samateh, from the proceedings on 12th November 2024.
The Health Minister had been served with a subpoena on Friday, 8th November 2024, requiring him to appear before the court and provide key documents related to the deaths of over 73 children. These documents included death certificates, causes of death, and post-mortem reports for children who died after consuming tainted cough syrups manufactured in India by Maiden Pharmaceuticals and imported and distributed in The Gambia by Atlantic Pharmaceuticals.
Despite being legally summoned, the Minister failed to appear, send a representative, or communicate with the court regarding his absence. This led Justice Jaiteh to strongly condemn his lack of compliance, calling it ‘disrespectful’ and ‘total disobedience of court orders.’ Justice Jaiteh stressed that the failure to adhere to court orders amounts to contempt of court and an obstruction of court orders which is a criminal offense under Section 106 of The Gambia's Criminal Code.
Justice Jaiteh © Unknown
Defence Counsel Binga sought to mitigate the situation, explaining that due to the timing of the subpoena's service, the Health Minister may have had difficulty collecting the necessary documents from various institutions. However, Justice Jaiteh dismissed this explanation, underscoring that the issue was not merely about producing the documents but about respecting the court's authority. He pointed out that other entities, such as Lamtoro Clinic, had complied with the high court’s subpoena despite minor issues with their notices.
The judge emphasized that while the Minister may have faced challenges in gathering the required documents, his failure to appear in person or send an explanation was unacceptable. He told the Defence Counsel that court orders must be respected. While acknowledging that the Minister may have faced challenges in producing the required documents, he also stressed that it was the Minister’s duty to either appear in person or send a subordinate to explain why he could not comply. Thus, he maintained that the issue was not just about producing the documents.
Justice Jaiteh contrasted the Minister’s absence with the case of Lamtoro Clinic, which, despite a technical error in their subpoena, had complied with the court’s request and appeared in court. Proceeding with the case, Justice Jaiteh extended the subpoena, ordering Minister Samateh to appear before the court on Thursday, 14th November 2024, at 10 a.m. Meanwhile, the Plaintiff’s legal team was allowed to submit their evidence, which was duly exhibited. The case was adjourned to the scheduled date.
Plaintiffs at outside the High Court © Askanwi Media
