SEY v THE REPUBLIC [1995-96] 1 GLR 60-80

Criminal law and procedure—Evidence—Accomplice—Duty of trial court—Conflict between evidence of accomplices—Failure by court to consider evidence materially affecting credibility of preferred witness—Power of appellate court to interfere with finding—Prosecution of accused persons for short delivery of gas oil—Conviction depended on proof of presence at scene of delivery—Driver of tanker emphatic appellant not present—Evidence in direct conflict with that of some co-accused of appellant—Whether prosecution proving guilt of appellant—Whether conviction of appellant based on positive finding of his presence at scene of delivery sustainable.

Criminal law and procedure—Accomplice—Evidence of co-accused—Evidence incriminating accomplice—Duty of trial court.