JUDGMENT

Faiza Thamby Chik JC:

The issue here is simply this. Can the prosecution be permitted after closing their case but during the case for the defence to use the cautioned statement of an accused person which has not been introduced at the prosecution stage to impeach his credit during the course of his cross-examination by the prosecution?

In this trial, the 1st accused Wong Yee Sen with four others is facing a charge of dangerous drug trafficking under s. 39B(1)(a) of the Dangerous Drugs Act 1952.

At the end of the case for the prosecution, I ruled that a prima facie case has been made out and I called upon the accused together with the other four accused persons to enter upon their defence.

Then at this stage of the proceeding, the defence applied for this ruling on the cautioned statement of the 1st accused as well as those three others which have not been part of the evidence for the prosecution who have already close their case.

I then proceeded to hear the submissions on the defence's application for a Court ruling as to whether the prosecution is permitted to use the cautioned statement of the 1st accused to impeach his credit; the cautioned statement not being part of