Court admits autopsy report in HM Bureau murder trial

The ruling was delivered yesterday in the case involving the State and the accused, Arona Tine, who is standing trial over Kargbo’s death.

The prosecution, led by Senior Counsel F. Drammeh, applied to tender the post-mortem report dated January 22, 2024, through PW9, Dr. Ousman Leigh, a consultant pathologist. However, defence counsel S. Ade objected to the admissibility of the document, arguing that although the report was made in January 2024, it was only served on the defence on March 2, 2026.

The defence contended that the delay violated Section 241 of the Criminal Procedure Act, 2025, and Section 24(3) of the Constitution, which guarantees an accused person adequate time and facilities to prepare a defense.

In response, the prosecution informed the court that a Notice of Additional List of Exhibits had been filed on February 26, 2026, giving more than 48 hours’ notice before seeking to tender the document. 

State counsel further argued that service of court processes is an administrative function of the court and not within the direct control of the State Law Office.

In his ruling, Justice Jaiteh held that the central issue was not merely the timing of service but whether the defence had suffered actual prejudice. The court found that the prosecution had complied with the statutory requirements by filing formal notice of its intention to rely on the report.

Justice Jaiteh noted that once documents are filed, service becomes an administrative act carried out through the court’s machinery, and there was no evidence of bad faith, concealment, or deliberate ambush by the prosecution.

Justice Jaiteh further ruled that the post-mortem report was highly relevant and material, as it addressed the medical cause of death in a murder trial. Excluding such evidence purely on account of administrative delay, he said, would undermine the court’s truth-seeking function.

The defence gained possession of the post-mortem report and liberty to cross-examine Dr. Leigh under Section 242 of the Act. The court ruled the report admissible as Prosecution Exhibit P11, finding no prejudice or bad faith in the late disclosure.

Dr. Leigh, a pathologist with 11 years' experience, testified about performing the autopsy on Fatoumatta Kargbo on January 22, 2024. He noted a penetrating injury, heart curvature, blood, and air bubbles, concluding the cause of death was a stab wound.

Under cross-examination, Dr. Leigh acknowledged the report lacked a date next to his signature and he couldn't recall when it was prepared or signed. He also didn't remember photographs being taken during the autopsy.

The State closed its case, and the defence will open theirs on April 21, 2026.