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.”