The rules of evidence

The High Court of Australia has recently determined that secretly recorded surveillance footage showing greyhound trainers using live bait is inadmissible according to law.

The decision is another interesting turn in a long running legal investigation into the racing industry. The High Court has been asked to intervene after the Prosecution attempted to tender footage which was illegally recorded in contravention section 8(1) of the Surveillance Devices Act 2007 (NSW) as it was filmed using hidden cameras without the trainer’s knowledge.

Despite the footage being illegally recorded Judges may still allow it to be admitted into evidence to be considered in court under certain circumstances. The Judge must undertake a balancing act to determine whether the public interest of the admission outweighs the illegality involved in obtaining the footage.

Ultimately the High Court decided that the surveillance footage was inadmissible however the audio recording was admissible. The case will now return to the NSW Supreme Court for determination.

This case highlights the importance of getting thorough advice on the rules of evidence and how these rules can influence an outcome in court.

Our criminal team has the unique insight of a former police officer and police prosecutor who has experience applying these rules of evidence from both perspectives.

At Kells, our first consultation is free and our criminal lawyers operate 24 hours, 7 days a week.

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