By Dorcas Ting
KUCHING, Nov 11: The High Court here yesterday (Nov 10) dismissed the prosecution’s application to impeach a key witness in the ongoing murder trial involving three men accused of killing a man at Kampung Batu Kudi, Balai Ringin, Serian, in May 2022.
Judicial Commissioner Zaleha Mohd Yusuf ruled that the prosecution, led by Deputy Public Prosecutor Aida Nurdiana Che Kamarulzaman, had failed to follow the proper procedure under Section 155(c) read together with Section 145(1) of the Evidence Act 1950 before seeking to impeach the witness, Chapan.
The court further found that the purported Section 112 statement relied upon by the prosecution was inadmissible, as it had been recorded by the investigating officer (IO) of the case, Inspector Juliehah Rusnin, which raised concerns of possible bias.
Zaleha cited several case precedents, including PP v Norfaizal (2003), Lee Look v PP (1984), and PP v Yong Kon Hin (1981), in concluding that statements recorded by an IO directly involved in a case are inadmissible.
“Proceeding with the impeachment process based on an inadmissible statement would be futile. On this ground alone, the application to impeach Chapan is dismissed,” she said.
Following the ruling, Chapan was called to testify. During cross-examination, he told the court that on May 19, 2022, an intoxicated Iban man approached him demanding money for beer. When refused, the man became aggressive and attempted to climb onto a lorry but fell to the ground due to his drunken state.
Chapan testified that none of the three accused: Jackson Grunsin, Jupiter Jawa Chapan, and Fredrick Bunyau Intai had any physical contact with the deceased during the incident.
He said his brother and another man later helped the intoxicated man back to his house before returning to their work site.
During re-examination, Chapan clarified that the deceased fell beside the lorry, face down on the grass.
Judicial Commissioner Zaleha then fixed the continuation of the trial for November 11, 2025 (today).
The three are jointly charged with murdering Sevester Naman James Jambu between 3.40pm and 4.30pm on May 19, 2022, at Kampung Batu Kudi, Balai Ringin, Serian.
The trio allegedly acted in furtherance of a common intention to cause the victim’s death, an offence under Section 302 of the Penal Code, which carries the death penalty or imprisonment for up to 40 years upon conviction. — DayakDaily
