Video recordings admissible in court only if… – Egbert Faibille

Ace investigative journalist, Anas Aremeyaw Ans has produced lots of undercover investigations on the canker of fraud, bribery and corruption in some public and private organizations and how they affect society.

Some have raised concerns about why we are yet to see any criminal prosecution resulting from the investigative pieces done by Anas as far as corruption is concerned.

But lawyer Egbert Faibille Jnr has revealed that there have been some prosecutions in respect of the findings of Ana Aremeyaw Ans.

Explaining further on the Citi Breakfast Show on Thursday on the use of video recordings like the documentaries produced by ‘Tiger Eyes’ and Anas, he said once the authenticity of the video is proven, it will be admissible.

According to him the law does not say recordings are not admissible in court. ”…Once it is relevant to the case at issue it will be admitted; it is not the position of the law that recordings are not admissible, they are admissible,” he said.

He said the only problem that will bar one from using videos in court are the ”issues of authenticity”. ”Example, if you want to use a video recording in any proceeding in any court, one of the first things that will come to the court’s attention is the issue of authenticity….”

”If there is a recording and that recording is being sort to be tended in evidence and it is not coming from the person who either commissioned it or the person who actually undertook the recording an issue of authenticity will arise…,” he noted.

Mr. Faibille Jnr stressed that videos and recording are admitted in court, but are subject to the ”strictures of admissibility of evidence”.

”It is not the case that when you go and do a video willingly it has to go in, no, it is subject to the strictures of admissibility of evidence, he reiterated.

He  added that the individual who did the recording will also have to appear in court to explain. ”Either the person who did the recording himself or its an organisation like Tiger Eye in Anas’ case that commissioned a video camera man to video it…”

Anas Aremeyaw Anas’ latest video titled ‘Soul Takers’ reveals corrupt prctices at the Driver and Vehicle Licensing Authority (DVLA) across the country.

By: Evans Effah/citifmonline.com/Ghana

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