Can secret recordings be used as evidence in court?
A covert recording is not necessarily inadmissible just because it was made without the knowledge or consent of the other participants, said Ms Amarjit Kaur.
Even if making the recording breached an employee’s contract, that would not by itself make the recording inadmissible, Mr Chooi said.
“Under the Evidence Act, the central starting point is whether the evidence is relevant to a fact in issue,” Ms Amarjit Kaur said.
But admissibility and the weight given to the evidence are separate questions. A court or tribunal may consider whether the recording is “authentic, complete, reliable and presented in its proper context”, she added.
Even if the recording is admitted as evidence, the manner in which it was obtained may still have separate consequences.
“An employee could potentially rely on a recording as evidence while also facing a claim or disciplinary action concerning the way it was obtained, retained or disclosed,” she said.
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