Doreen makes a statement to police to the effect that she saw her cousin Maureen enter enclosed property and set fire to a school building. She is subpoenaed to attend court and receives advice that she should testify in the case. However, she is now very upset that she made the statement and tells police she will not give evidence. When the prosecutor asks her what she saw on the day in question, Doreen says she can't remember. Leave is given to cross-examine her under s 38, and her statement is tendered as evidence of a prior inconsistent statement. How will the prosecution be able to use the statement and why?