Lawyers: Audio recordings are admissible in court


PETALING JAYA: Lawyers say that audio recordings, even if taped secretly, are admissible in court.

However, they noted that there may be issues in proving a recording’s authenticity, especially if the person who recorded it is unknown.

Criminal lawyer Kitson Foong said illegally-obtained evidence remained admissible in Malaysia, but this was subject to provisions in Section 90A of the Evidence Act 1950.

This means that either the maker of the sound recordings has to testify or a certificate must be produced to confirm that the recordings were “generated by any device in its ordinary course of use”.

“However, what is of greater importance is the weight that the court attaches to such evidence after it is adduced in court..

“Admissibility is one thing, credibility is another, ” he said.

Lawyer Muhammad Akram Abdul Aziz said sound recordings could be admissible even if they were recorded in secret.

“However, there may be an issue when it comes to the recording being obtained without knowing the source, ” he said. “The burden lies on the party who wishes to use such evidence to convince the court that it is authentic.”

Get 20% OFF The Star Digital Access

Monthly Plan

RM 13.90/month

RM 11.12/month

Billed as RM 11.12 for the 1st month, RM 13.90 thereafter.

Best Value

Annual Plan

RM 12.33/month

RM 9.87/month

Billed as RM 118.40 for the 1st year, RM 148 thereafter.

Follow us on our official WhatsApp channel for breaking news alerts and key updates!

Next In Nation

Strengthening digital identity key to national cyber defence, says Nacsa chief
Anwar calls for stronger action against school bullying
Extra RM200mil grant allocated to support small-scale entrepreneurs, says Anwar
Muar factory operator loses over RM100,000 to phone scam syndicate
Three-pronged approach can translate into more cruise arrivals in Penang, says PPC chairman
National Reading Index to be finalised by early 2027, says Aaron
Do not ignore medicine side effects, report it, Health Ministry urges public, healthcare personnel
Govt will not go bankrupt helping the poor, says Anwar
Batang Lupar 2 bridge officially opens, to cut drive time between Simanggang, Betong
Cops bust online scam ring in KL, nab 18 foreigners

Air Pollutant Index

Note: API is calculated based on 24hr running average of the most dominant parameter.

Highest API Readings

    Select State and Location to view the latest API reading

    Others Also Read