Evidence obtained in undercover operations
I am an investigative journalist working for a prominent broadcasting company in Tanzania. Recently, I was involved in a documentary on child trafficking and obtained a lot of information on trafficking rings and shared this with the police for further follow up. The police are now conducting their own undercover investigation using the data we gave them. I was wondering whether evidence obtained during undercover operations is accepted in Court. Please guide me.
GF, Mwanza
In legal terms, acceptance of evidence is technically known as admissibility. The basic requirements of admissibility is that evidence is acceptable in Court where it is relevant, material, and competent, and is not barred by any exclusionary rule. In the case of evidence obtained in undercover operations, section 40A of the Evidence Act, [Cap. 6 R.E 2022] provides that in any criminal proceedings (a) an information retrieved from computer systems, networks or servers; (b) the records obtained through surveillance of means of preservation of information including facsimile machines, electronic transmission and communication facilities; or (c) the audio or video recording of acts or behaviours or conversation of persons charged, shall be admissible in evidence. In that regard, generally speaking evidence obtained in undercover operations is not excluded by law and will be admissible provided such evidence meets the requirements of admissibility. We recommend you speak to your lawyer about this.