SIMON MENSAH AND YAW ACHEAMPONG
V.
THE REPUBLIC

KUSI-APPIAH, J.A.:

I have had the privilege of a preview of the learned decision rendered by my able brother Honyenuga, J.A. I agree with him that the appeal be dismissed. I however have a few issues to highlight. The defence has sought to make a heavy weather of the identity of the appellants to the effect that the prosecution could not prove the identity of the appellant beyond reasonable doubt as required by law. Counsel for the appellants buttressed his contention by referring to the evidence of PW2 and PW3 and said there were conflicts in their evidence on the issue of wearing of masks by the appellant. What counsel referred to as conflicts really are not conflicts at all. What he pointed out in their evidence was no more than that whereas one witness testified on a particular fact the other did not.

It must be pointed out that in giving evidence, the parties talk only of major events they saw. Matters of minor details are spoken of by the witness depending on their personal dispos…