PENDAKWA RAYA Pendakwa Raya TERTUDUH RUBEN A/L SELVA KUMAR
Catchwords
Evidence — Hostile witness — Application to treat prosecution witness as hostile — Section 154 Evidence Act 1950 — Discretion of court — Meaning of “hostile” or “adverse” witness — Whether inconsistency between section 112 CPC statement and oral testimony established hostility — Whether unfavourable evidence sufficient — Attitude and intention of witness — Whether animus or deliberate departure from truth shown — Application dismissed Evidence — Cross examination of own witness — Section 154 Evidence Act 1950 — Provisional leave to cross examine — Procedure — Requirement to confront witness with prior statement — Section 145 Evidence Act 1950 — Scope and limits — Court’s unfettered discretion — Safeguards against tactical use — Whether discretion properly exercised Evidence — Prior statements — Section 112 Criminal Procedure Code — Nature and evidential value — Investigative statements — Not substantive evidence — Use limited to testing credibility and consistency — Whether omission or lack of detail amounts to inconsistency — Elaboration in oral testimony — Difference between contradiction and clarification Evidence — Credibility of witness — Witness cross examined by calling party — Effect where witness not found hostile — Assessment of demeanour, consistency and responsiveness — Whether credibility diminished — Treatment of testimony after failed hostile witness application — Weight of evidence Criminal Procedure — Prosecution — Application under section 154 Evidence Act 1950 — Alleged inconsistency regarding factual detail — Bedrooms used by accused — Whether prior general statement irreconcilable with sworn testimony — Witness evidence capable of co existence — No hostility established Criminal Law — Dangerous Drugs Act 1952 — Charge under section 39B(1) — Relevance of witness testimony on occupation of premises — Relationship between ancillary witness evidence and arresting officer’s testimony — Hostile witness ruling not determinative of ultimate evidential weight Evidence — Principles — Hostile witness not established merely because evidence does not support calling party’s case — Hostility concerns conduct, demeanour and intention — Interest of justice — Authorities applied — Re Wee Swee Hoon; Lim Teng Leng v PP; PP v Abdul Kudus; Dato’ Haji Azman v PP; Alcontara a/l Ambrose Anthony v PP
Practice Areas
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-45a-35-03-2023)