Coroner blocks AIB’s objection to pathologist’s claims

Dana air crash site
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A Lagos coroner court investigating deaths arising from the June 3, 2012  Dana crash on Thursday rejected Accident Investigation Bureau’s request to call a witness to refute certain claims by Consultant Pathologist, Lagos State University Teaching Hospital, Prof. John Obafunwa.

The MD-83 plane belonging to Dana Air crashed in Iju-Ishaga area of the state, killing the 153 persons on board and others on the ground.

Counsel to AIB, Mr. Chinedu Anene, had said that certain claims by Obafunwa during his testimony on the medical examination conducted on the victims of the crash needed to be refuted.

Anene said the AIB disagreed with Obafunwa’s “far-reaching allegations” about his client and Kunbi Banjo, a professor of anatomical pathology at the Lagos University Teaching Hospital.

Banjo had consulted for AIB to conduct medical examination on victims of certain air accidents in the past.

Referring to an earlier letter written to the coroner urging the court to issue summons on Banjo, Anene said a summon on the woman would serve the interest of fair hearing.

“There were assertions by Prof. Obafunwa at the last proceedings of what AIB did or did not do; what was said and what was not said; what Prof. Banjo said or did not say. We need to have the opportunity to refute, challenge or even corroborate the testimony,” the lawyer said.

But the presiding coroner, Mr. Oyetade Komolafe, turned down Anene’s request, saying it was belated.

“AIB had had the chance to call several witnesses. All parties had had adequate time to come. We are concluding because there must be an end to litigation. Asking the court to summon another witness has no relevance at this time,” Komolafe said.

The lead counsel for AIB, Mr. Babatunde Irukera, had at the previous proceedings on February 8, queried the exclusion of Banjo from the team of pathologists who carried out the post-mortem tests on the deceased.

Obafunwa, a forensic pathologist, had said Banjo was deliberately excluded from the team because she did not share the belief that autopsy needed to be carried out on all the victims.

He said like Banjo, two engineers of AIB he met with in the wake of the incident had said the post mortem tests should only be restricted to the pilot and the co-pilot.

Dana’s lawyer, Chief Bolaji Ayorinde (SAN), and counsel for Nigerian Airspace Management Authority, Mr. Obi Okusogu (SAN), both supported the call for Banjo to appear before the court.

Meanwhile, the court adjourned till April 18 for Obafunwa to be further cross-examined by Ayorinde.

The coroner however fixed March 15 for further cross-examination of Dana’s Director of Flight Operations, Mr. Oscar Wilson.

Counsel for the state government, Mr. Akinjide Bakare, was unable to finish cross-examining Wilson who was in possession of certain documents needed for the purpose.

Wilson was therefore directed to produce the documents in court, which are his certification licence, his personal logbook as flight operation boss, and the leave roaster for the flight crew of the day of incident.