JUDGMENT

Awang Armadajaya Awang Mahmud JC:

Introduction

[1] This is an oral application by the Learned Deputy Public Prosecutor to impeach the evidence of a prosecution witness PW21 who was said to have departed from the police statement he made pursuant to s 112 Criminal Procedure Code . It was applied for by the Learned Deputy in the middle of the evidence-in-chief of PW21.

[2] The application for this impeachment is made pursuant to ss 145 and 155 Evidence Act 1950 .

Background Facts

[3] PW21 knew the Deceased (Aris bin Hakim) since 8 years ago because they stay in the same village ie Kampung Paya, Layang- Layang and on the 13 September 2015 between 5 pm to 6 pm PW21 was at Kampung Jaya Sepakat, Layang-Layang. Then he went out of his house to purchase some drugs. The place or station to transact in drugs (which is colloquially known as "port") is in the Parit area. At about 6 pm, he arrived at the "port".

[4] He saw a lot of people at the "port". They are Malays, Chinese and Indians. A few minutes later he saw the Deceased came on a motorcycle with a friend Jufri.

[5] The Deceased went to sit with a group of people and suddenly there was a commotion. That group was about 20 metres awa