HIGH COURT SABAH & SARAWAK BINTULU
PP – Appellant
Versus
LAWRENCE PATRICK & ANOR – Respondent
| Table of Content |
|---|
| 1. witness contradictions relate to understanding language. (Para 1 , 2 , 3 , 4 , 6) |
| 2. contradictions and credibility of witness testimony (Para 5) |
| 3. importance of language in witness comprehension (Para 7 , 8) |
| 4. testimony credibility affects prosecution's case. (Para 9 , 10) |
[1] The Prosecution contended that PW12 - Vani is a hostile and interested witness and was called as prosecution witness in order to exclude her as a person to be in custody, control or possession of the drugs found inside the dark brown wooden cupboard with glass panels at the said house. PW12 in her testimony denied possession and knowledge of the drugs in question and is clearly an interested witness as she is the wife of the Accused. During her testimony, the Prosecution contended that there were inconsistencies especially 5 major inconsistencies which contradicted to her statement made pursuant to s 112 Criminal Procedure Code. (See pp 29-32 of the Notes of Proceedings)
[2] The Prosecution further contended that PW12 understood whatever questions and communication during the recording statement of her s 112 Statement. PW12 being a younger generation of an Indian Malaysian who lived in penins
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