Dr Bittaye Challenges AKI Report Conclusion in Heated Court Exchange
Dr Bittaye (Expert Witness)
By Edward Francis Dalliah, Jr.
A tense courtroom exchange unfolded at the High Court in Banjul as the Chief Medical Director of Edward Francis Small Teaching Hospital, Dr Mustapha Bittaye, openly challenged the conclusion of the government’s acute kidney injury outbreak report on the deaths of more than 70 children linked to contaminated medicines.
During cross-examination on Wednesday, 20th May 2026, Dr Bittaye insisted that the task force report does not directly state that the children died “as a direct result” of the contaminated syrups, despite explicit wording in the report’s conclusion.
The exchanges commenced after Counsel Yassin Senghore, representing the plaintiffs, directed the witness to the Ministry of Health’s AKI report’s conclusion, which states that the deaths of children between July and October 2022 were “as a direct result of contaminated medicines found in four cough and cold syrups imported by Atlantic Pharmacy from Maiden Pharmaceuticals Company Limited in India.”
Counsel Senghore asked Dr Bittaye whether he agreed that both the presidential task force report and the causality assessment report concluded that the children died as a result of the contaminated medicines imported by Atlantic Pharmaceuticals and manufactured by Maiden Pharmaceuticals in India.
However, Dr Bittaye resisted that interpretation by saying: “I do agree that, that is the conclusion of the report, and I think if the court is reviewing the report, it should look at them holistically, what were the objectives, what did they say.”
His response followed an immediate intervention from Justice Jaiteh, who questioned Dr Bittaye: “So, you disagree with the conclusion of the commission of inquiry?” Dr. Bittaye replied: “No, I disagree with the interpretation [Counsel Senghore] is giving.”
Justice Jaiteh pressed further, noting that Counsel Senghore had merely read the wording contained in the report itself. However, Dr. Bittaye maintained his position, saying: “My Lord, I would want her to show me in both reports that this was caused by this.”
Counsel Senghore then reread the section, which had been projected onto the courtroom television screens for all present to see. The report states: “It is safe to conclude, without any qualms, that the death of the seventy children below the age of five, between July and October 2022, related to Acute Kidney Injury, is as a direct result of contaminated medicines found in four cough and cold syrups imported by Atlantic Pharmacy.”
Justice Jaiteh interrupted the exchange, reminding the witness that “the document speaks for itself,” and noting that the findings originated from a government-commissioned investigation by the Ministry of Health and the Office of the President.
AKI Taskforce Presidential Report © State House of The Gambia
Counsel Senghore again asked whether the witness accepted that both reports concluded the contaminated medicines caused the AKI outbreak in The Gambia.
However, Dr Bittaye responded, “No, I have not seen that in the report directly, that this is the cause. They always said it could be related or attributed, but to say this is the entire cause, no, I have not seen that.”
Justice Jaiteh again clarified that counsel was simply asking as to whether he agreed with the report or not. In response, Dr Bittaye argued that the wording itself suggested uncertainty. “My Lord, if you have the need to say ‘it is safe to conclude,’ it means you are not sure. If you are sure, you just say this is the cause,” he argued.
The disagreement appeared to center on the phrase “it is safe to conclude, without any qualms,” which Dr Bittaye interpreted as falling short of absolute certainty. He further pointed to portions of the report indicating that some of the deaths involved suspected AKI cases caused by the medicines rather than a direct conclusion.
The ongoing AKI lawsuit was filed by 27 bereaved parents seeking justice for children who died during the 2022 outbreak. Among the reliefs sought are declarations that the deaths were caused by contaminated medicines manufactured by Maiden Pharmaceuticals and imported by Atlantic Pharmaceuticals and that the Medicines Control Agency (MCA) and the Ministry of Health failed in their regulatory duties. The plaintiffs also applied for the cancellation of the companies’ licences and damages for their children’s death and suffering, totalling D405 million.
The case was adjourned to Thursday, 21st May 2025, for the re-examination of Dr Bittaye by defence counsel.
