Are secret recordings admissible as evidence in court?

The legality of covert recordings was seldom in the mind of Maltese legislators back in 1855, when procedural laws were consolidated into the Code of Organisation and Civil Procedure.

Thomas Edison would not patent the Cylinder Phonograph – the first ever mechanical recording device – for another 22 years, and even then, this machine would be too large to conceal at least for another 100 years.

Clandestine recordings of conversations between people was not a reality that the law had to deal with. At least, not at that moment in time.

Then came the mobile phone.

Audio recording became easier and people started recording.

Today, a few opt to use their recording apps on their phones for a private rendition of their favourite guilty pleasure song, worthy of an internet-viral X Factor audition.

Others hold recordings for more astute purposes; perhaps to prove or disprove an allegation in court. Some of these recordings are made covertly, without the other person knowing.

This leads to a pertinent question: are covert recordings admissible as evidence in a court of law?

The answer can be found in the decision delivered by the Small Claims Tribunal in the names of ‘Daniel Zammit v...