The first complaint on appeal was that one of the prosecution witnesses had been a
co-accused of the appellant in the High Court but the court observed that the witness
complained of had not been committed to the High Court for trial and therefore
incapable of being a co-accused of the appellant therefore a competent witness for
the prosecution. The court also observed that the witness was an accessory after the
fact.
On inconsistencies and contradictions the court stated the law governing
inconsistencies in evidence was stated in, to be that minor inconsistency unless the
trial judge thinks it points to a deliberate untruthfulness does not result in evidence
being rejected and that it is open to the judge to find that a witness has been
substantially truthful even though he/she had lied in some particular respect. The
court observed that the inconsistencies were minor not to go to the root of the case
or occasion a miscarriage of justice.
The court laid down a new rule as to the records of appeal that committal
proceedings should be part of the record on appeal.