Syariah Courts Evidence Order, 2001 · s 135

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135.
When a witness has been asked and has answered any question which is relevant to the inquiry only in so far as it tends to shake his credit by injuring his 1597

BRUNEI DARUSSALAM GOVERNMENT GAZETTE character, no evidence shall be given to contradict him; but if he answers falsely he may afterwards be charged with giving false evidence.
Exception 1 -
If a witness is asked whether he has been previously convicted of any crime and denies it, evidence may be given of his previous conviction.
Exception 2 -
If a witness is asked any question tending to impeach his impartiality and answers it by denying the facts suggested, he may be contradicted.
it.
Illustrations
{a) A witness is asked whether he was dismissed from a situation for dishonesty. He denies it.
Evidence is offered to show that he was dismissed for dishonesty.
The evidence is inadmissible.
{b)
A affirms that on a certain day he saw Bat Thtong.
A is asked whether he himself was not on that day at Temburong. He denies
Evidence is offered to show that A was on that day at Temburong.
The evidence is admissible, not as contradicting A on a fact which affects his credit, but as contradicting the alleged fact that B was seen on the day in question in Thtong.
{c)
A is asked whether he has not said that he would be revenged on B, against whom he gives evidence. He denies it.
He may be contradicted on the ground that the question tends to impeach his impartiality.
Question by party to his own witness.

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s 135

When a witness has been asked and has answered any question which is relevant to the inquiry only in so far as it tends to shake his credit by injuring his 1597

BRUNEI DARUSSALAM GOVERNMENT GAZETTE character, no evidence shall be given to contradict him; but if he answers falsely he may afterwards be charged with giving false evidence.

Exception 1 -

If a witness is asked whether he has been previously convicted of any crime and denies it, evidence may be given of his previous conviction.

Exception 2 -

If a witness is asked any question tending to impeach his impartiality and answers it by denying the facts suggested, he may be contradicted.

it.

Illustrations

{a) A witness is asked whether he was dismissed from a situation for dishonesty. He denies it.

Evidence is offered to show that he was dismissed for dishonesty.

The evidence is inadmissible.

{b)

A affirms that on a certain day he saw Bat Thtong.

A is asked whether he himself was not on that day at Temburong. He denies

Evidence is offered to show that A was on that day at Temburong.

The evidence is admissible, not as contradicting A on a fact which affects his credit, but as contradicting the alleged fact that B was seen on the day in question in Thtong.

{c)

A is asked whether he has not said that he would be revenged on B, against whom he gives evidence. He denies it.

He may be contradicted on the ground that the question tends to impeach his impartiality.

Question by party to his own witness.