Evidence obtained in undercover operation
I am a private investigator working for a security firm in Tanzania. Recently, I was hired by a client to uncover fraudulent activities within their business. Through undercover operations, we gathered substantial video recordings and electronic communications proving financial misconduct. We shared this evidence with law enforcement, who are now conducting their investigation based on our findings. I am wondering whether evidence obtained through undercover operations is admissible in court. Please guide me.
KM, Arusha
In legal terms, the acceptance of evidence is known as admissibility, meaning the Court can consider it when making a judgment. For evidence to be admissible, it must be relevant, material, competent, and not barred by any exclusionary rule. Under Section 40A of the Evidence Act, Cap. 6 [R.E 2022], certain types of evidence obtained through undercover operations are admissible in Court, including information retrieved from computer systems, networks, or servers; records obtained through surveillance, including electronic transmission or communication data; and audio or video recordings capturing actions, behaviours, or conversations of individuals facing charges. This means that undercover recordings, digital data, and surveillance materials collected legally can be used in Court, provided they meet admissibility criteria.
However, illegally obtained evidence, such as recordings made in violation of privacy laws or obtained without proper authorisation, may be excluded. To ensure compliance with legal procedures, consider consulting a lawyer who can guide you on the proper handling and submission of such evidence in Court.