By Nicholas Bass
Justice Ebrima Jaiteh of Banjul High Court on Tuesday ordered lawyers to fasten up their process in a ten million Dalasis suit against the government over the death over 70 children.
He also suggested an out-of-court settlement if the trial process cannot gain speed.
Victims’ family of 16-children who died after drinking syrup were present yesterday at the court seeking for justice to take its course against the Executive Director of Medicine Control Agency, the Ministry of Health and Attorney General (AG).
However, when the matter was called for the lawyers to react on the writ of summon, lawyer Binga D for the defendants said that the office of the AG has affirmed her position for the matter to be settled outside the court. Noting that he is hopeful to have fruitful discussions with AG before the 15 December this year.
He also promised to serve their Indian partners with the court process.
Lawyer Binga pleaded with the court for an adjournment. At that stage,
the plaintiffs’ lead lawyer Yassin Sanghore revealed that she had encountered a delay in serving the process filed before the court to the people of India, as the Indians were busy during their annual “devali” festival.
But she promised to serve them with the process before the next adjournment date.
Justice Jaiteh at that juncture ordered lawyers to serve the court process before the next adjournment day.
Justice Jaiteh also suggested to the parties to settle the matter outside the court.
Meanwhile, according to the writ of summon filed before the court 19-plaintiffs’ claim against Executive Director of Medicines Control Agency, MoH and AG revealed that they caused the death of their children by the consumption of contaminated promethazine oral solution, kofexmalin baby cough syrup, makoff Baby cough syrup and magrip N cold syrup that was manufactured in India and imported by The Gambia Executive Director of Medicines Control Agency, imported by the MoH.
It also read that the AG failed in their statutory duties to regulate the efficiency, quality and safety of medicines and related products.
The plaintiffs also alleged that the AG also failed to regulate the importation, manufacture, labelling, marking or identification, storage, promotion among many other duties they were accused of failing to do in accordance with the law.