“These individuals have taken time off, left their homes, their houses, and some of them are housewives, who should be cooking and going to the market, and others left their businesses and jobs to attend these court hearings, and yet you expect them to leave empty-handed? Each should be entitled to at least D2,500, and a maximum of D20,000. We proposed D5,000 as an option, and you’re unwilling to provide even that? . We must learn to respect one another; otherwise, this country will never move forward. Do you truly believe this is how people deserve to be treated?” Justice Jaiteh emphasised.
He added: “Any further default or procedural delay shall attract more stringent sanctions. The gravity of this matter demands nothing less than utmost diligence and cooperation from all parties.”
In his ruling, the High Court Judge said: “This matter was listed for continuation of hearing today, specifically for the testimony of the third Defence Witness from the MCA (3rd defendant). However, when the case was called, learned Counsel M.D. Mballow, appearing for the 3rd, 4th, and 5th defendants, made an oral application seeking two substantive reliefs.”
The reliefs, he went on, were for the recall of DW1, Mr. Ali Schuman, director of the 2nd Defendant, Atlantic Pharmaceutical Company Limited, for the purpose of further cross-examination on the grounds that counsel for the 3rd defendant had omitted to put certain critical matters to him during his earlier testimony.
“A request for an adjournment on the basis that the intended witness from the MCA was not prepared to testify today.”
He added: “Learned Counsel S.M. Tambadou, for the 2nd defendant, did not oppose the application. However, learned Counsel L. Farage, for the plaintiff, strongly objected, contending that counsel for the 3rd, 4th, and 5th defendants ought to have brought a formal application for the recall of DW1, and urged the court to proceed with the testimony of the witness from the MCA as scheduled. However, Counsel Mballow apologised for the delay and respectfully urged the court to waive costs.”
“It bears repeating that the grant of adjournments lies within the discretion of the court. However, such discretion must be exercised judiciously and sparingly, particularly in case involving grave public interest and sensitive subject matter. The present case concerns the deaths of multiple children, an issue that strikes at the heart of public health, regulatory oversight, and justice.”
“The scheduled witness from the MCA was well aware of today’s proceedings, having previously sworn to an affidavit, and yet failed to appear or indicate unavailability in advance. The failure to be prepared without adequate prior notice amounts to a dereliction of procedural responsibility and has occasioned unnecessary delay in a matter already involving long-suffering and grieving families.”
“The plaintiffs, many of whom are parents of the deceased children, have consistently appeared in court at their own cost and inconvenience. This court will not allow avoidable delays to further prejudice their right to timely justice.”
“Nevertheless, in the interest of justice and to ensure that all relevant issues are fully canvassed, this court will grant the application to recall DW1. However, the delay occasioned by the unpreparedness of the 3rd defendant warrants an award of costs.
Accordingly, it’s ordered as follows.
- The oral application to recall DW1, Mr. Ali Schuman, director of the 2nd defendant, is granted. “He is directed to appear before this honourable court on the next adjourned date for further cross-examination by counsel for the 3rd, 4th, and 5th defendants.
- The MCA (3rd defendant) is found responsible for today’s delay, and is ordered to pay costs in the sum of 2,500 dalasis to each of the plaintiffs who were present in court today, forthwith.
- The list of all plaintiffs who were present in court today is attached to this ruling and forms part of the court’s record.
- A copy of this order shall be personally served on the acting Executive Director of the MCA off OIC Highway, Kanifing Municipality, for his immediate compliance.
