High Court Admits Post-Mortem Report Despite Defence Objection in Arona Tine Murder Trial

The High Court on Tuesday admitted the post-mortem report and forensic evidence in the ongoing murder trial of Arona Tine, overruling the defence’s objection that its late disclosure violated procedural rules.

Justice Jaiteh presided over the ruling, which centered on the autopsy of the deceased, Fatoumatta Kargbo, prepared by Dr. Ousman Leigh, a consultant pathologist, on January 22, 2024. The defence, led by counsel Samuel Ade, argued that the report had been served to them only on March 2, 2026—more than two years after its preparation and just a day before the hearing—constituting a “procedural ambush” and breaching Section 241 of the Criminal Procedure Act, 2025.

“Such late disclosure undermines the accused’s constitutional right to adequate time and facilities to prepare a defence,” Mr. Ade contended.

The prosecution, represented by Senior Counsel F. Drammeh, countered that a Notice of Additional List of Exhibits had been filed on February 26, 2026, and that once filed, the service of documents was a “judicial administrative function” beyond the prosecution’s direct control.

Justice Jaiteh emphasized that the court must weigh procedural fairness against the “overarching objective of substantive justice.” In delivering his ruling, he cited three primary considerations in overruling the defence’s objection:

1. Compliance with statutory notice: The court noted the state had formally filed notice of its intent to use the report, and there was no evidence of bad faith or tactical withholding.
2. Relevance and materiality: The post-mortem report, detailing the cause of death, was deemed highly relevant to the truth-seeking function of the court.
3. Absence of real prejudice: The defence failed to demonstrate actual prejudice, particularly as Dr. Leigh was present in court and subject to cross-examination.

“The right to a fair hearing is not a technical shield to exclude relevant evidence where no miscarriage of justice is shown,” Justice Jaiteh said. He added that when disclosure is delayed, the appropriate remedy is usually an adjournment, not exclusion of evidence.

Following the ruling, the postmortem report was admitted as Prosecution Exhibit P11.

During cross-examination, Dr. Leigh confirmed the autopsy was conducted on January 22, 2024, but could not recall the exact date the report was signed. He also noted that he concluded his tenure at the Royal Victoria Teaching Hospital on August 25, 2025, and could not confirm whether photographs of the scene were taken before or after the procedure.

With Dr. Leigh’s testimony concluded, the prosecution formally closed its case. The court adjourned the matter until April 21, 2026, at 10 a.m., when the defence is expected to present its case.