Covert footage admissible in court?

087who · 01-04-2019 05:09PM #1

Quick question,

A relative of mine has been sued and needs to attend court to answer a claim of domestic abuse which he denies.

The claimant may have taken video footage and/or recorded audio while inside their home. This footage/audio was recorded without the knowledge or consent of the other party. Is it admissible in court under Irish law?

hullaballoo · 01-04-2019 05:20PM

Your question might be quick but the answer isn't.

There are divergent views in the legal profession about the admissibility of such footage/audio.

My own view is that it ought to be admitted but it is generally inadmissible. Clarification on the rules of evidence in this regard from the superior courts would be welcome.

087who · 01-04-2019 05:27PM

Thanks for your quick reply.

Though I must say, this has left me confused. I would expect that footage taken without consent is either admissible or inadmissible under Irish law. Why is there a grey area?

banie01 · 01-04-2019 05:43PM

If your friend denies the charge, surely the footage is moot?
As they commited no offence?

Why worry about it?

Surely the footage is only of concern if it directly contradicts evidence or statement of the accused?

4ensic15 · 01-04-2019 05:55PM

Video footage from shops is admitted in criminal trials on a daily basis. Why should any other location be different?

billcullen1 · 01-04-2019 05:56PM

087who wrote: »

Quick question,

A relative of mine has been sued and needs to attend court to answer a claim of domestic abuse which he denies.

The claimant may have taken video footage and/or recorded audio while inside their home. This footage/audio was recorded without the knowledge or consent of the other party. Is it admissible in court under Irish law?

is it a civil action ?

pablo128 · 01-04-2019 05:58PM

4ensic15 wrote: »

Video footage from shops is admitted in criminal trials on a daily basis. Why should any other location be different?

By law there has to be a sign saying there is CCTV in the shop. I'm not sure how it would work in your home.

wandererz · 01-04-2019 05:59PM

4ensic15 wrote: »

Video footage from shops is admitted in criminal trials on a daily basis. Why should any other location be different?

Business establishments are required to have signs informing people of video surveillance.

4ensic15 · 01-04-2019 06:00PM

wandererz wrote: »

Business establishments are required to have signs informing people of video surveillance.

The footage is often used in cases where the people filmed couldn't have seen the sign.

wandererz · 01-04-2019 06:00PM

With audio recordings, you are allowed to record covertly IF you are one of the parties involved in the conversation.

Not sure about video.

087who · 01-04-2019 06:13PM

banie01 wrote: »

If your friend denies the charge, surely the footage is moot?
As they commited no offence?

Why worry about it?

Surely the footage is only of concern if it directly contradicts evidence or statement of the accused?

Good question and I’m happy to answer that.

Without going too much into detail, the complainant is the ex-wife and the respondent is the ex-husband

At the time, they were married and living in his parents home.

The wife did not get along with the husband or with the husbands mother whose house it was. As I understand, there were regular arguments and regular instances of shouting between all parties.

The complainant attacked her husband physically sometimes and, on one occasion, she threw a metal object at him, cut his head, for which he had to seek medical attention at A&E.

During the relationship, or indeed at any point, the husband did not make any complaint to the Gardaí about his wife. But she called the Gardaí on him, claiming that she was the one who was the victim of domestic abuse.

The relationship ended and she now lives elsewhere.

She has filed a claim in court that, while living at the house, she received physical abuse from her husband and from his mother. So she has sued both her ex-husband and her ex mother-in-law separately, but the case will be heard altogether, as I understand.

It is our understanding that the claimant may have taken video and/or audio which would show shouting in the house.

Our concern is that footage and audio of shouting may be used by her to support her claim physical abuse. The other parties did not take any recording of footage of her shouting though.

087who · 01-04-2019 06:16PM

Furthermore, if I may I please ask a wider question on this subject:

The complainant has no evidence of this alleged domestic abuse, because it categorically didn’t happen.

Without any evidence, how will it work? Will it be a case of “no case to answer”? Or do they work on “beyond reasonable doubt” or is it “on the balance of probability”?

wandererz · 01-04-2019 06:20PM

https://www.irishtimes.com/culture/tv-radio-web/is-it-legal-to-record-someone-without-their-consent-1.3598275

hullaballoo · 01-04-2019 06:20PM

On the basis of your clarifying post, I would think that ought not to be admitted because it's irrelevant.

087who · 01-04-2019 06:28PM

hullaballoo wrote: »

On the basis of your clarifying post, I would think that ought not to be admitted because it's irrelevant.

You don’t think she might claim that it supports her claim, in that shouting leads to violence? We know it’s not true, but if she tries that, would the judge buy it and allow it?

banie01 · 01-04-2019 07:02PM

I'm not a legal professional.
But I'd agree with Hullabaloo in that I wouldn't see it being admissable in support of a claim of assault.

Arguments can get heated.
However if she wants to claim assault without the corroboration of a Garda report or medical evidence from the time of the assault using a recording of raised voices as "evidence" I couldn't see it being admissable.
I think of it was admitted in any case, it would be worthless on cross examination.

087who · 01-04-2019 07:37PM

Thanks all. Furthermore, this is being heard in the civil court. Not the criminal court. Is that normal?

087who · 02-04-2019 04:45PM

billcullen1 wrote: »

is it a civil action ?

Yes, it is a civil action, to be heard in the civil court. What does that actually mean, do you know? What are the possible outcomes of a case like this?

Riskymove · 04-04-2019 09:49AM

banie01 wrote: »

Arguments can get heated.
However if she wants to claim assault without the corroboration of a Garda report or medical evidence from the time of the assault using a recording of raised voices as "evidence" I couldn't see it being admissable.
I think of it was admitted in any case, it would be worthless on cross examination.

I wonder if what is actually being shouted is a factor?

If the video showed someone shouting what could be perceived as a threat?

087who · 04-04-2019 11:36AM

Riskymove wrote: »

I wonder if what is actually being shouted is a factor?

If the video showed someone shouting what could be perceived as a threat?

It’s not that. I’ve been told that what was being shouted was along the lines of “you’re always like this... why don’t you grow up... why do you have to be so difficult...” that kind of thing. The content isn’t really of concern, it’s more that the shouting might help show anger, therefore support her (false) allegation of domestic abuse...?

Peregrinus · 05-04-2019 01:42AM

Also, regardless of what exactly is being said, a person's demeanour seen on the footage could show anger or threatening behaviour or attitudes.

So, yeah, this evidence is potentially relevant, although depending what the footage actually shows it may have limited probative value.

sexmag · 05-04-2019 11:06AM

If they do wish to submit it surely they would need to provide the defense solicitor with the audio/footage at which point it can be shown if the evidence is of any use?

Again shouting does not confirm violence and i doubt a judge is going to sit in a court room and listen too or watch footage of people shouting at each other unless it actually showed physical violence

Covert footage admissible in court?

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