Secretly Recorded Audio/False Statements

[Lawstuff]

Hello, new here, need help, hope I can get some advice, thankyou in advance.

I'm in the middle of a landlord tenant harassment case. I'm the tenant and claimant. I live in a shared HMO house. I sought an injunction against my landlord after he threatened to illegally evict me. It's now beyond that and become a full blown harassment case pending the trial in a few weeks.

This guy has filed false police reports trying to get me arrested. He has slandered me non stop to anyone he can, tenants, council, police, everyone. He has made me out to be the lowest of the low and it's all untrue. Oh and I'm unemployed receiving legal aid and he's a homeowner a d apparently an upstanding member of the community, which doesn't help.

He has now finally managed to turn the tenants against me. He has been slandering me non stop and they have now joined him in this hate smear campaign and continue to help him file false reports against me.

They have now given false witness statements for him. Shortly after this started and I saw how he was lying about me I started recording conversations in case I'd need evidence of his lies. I now have concrete audio evidence that him and the other tenants have outright lied about almost all their statements against me.

Problem is I'm told I can't use them because I recirrecthem without consent. Yet now someone else told me I may be able to use the audio in transcripts form.

My lawyer hasn't gotten back to me about this and I'm desperate for a direct answer. If I transcribe the secretly recorded audio can I use this at the trial? Filing false statements is a criminal offense can I report them to cps or someone?

I really want to use the transcripts but am scared illIget in trouble and get done for invasion of privacy and harassment etc. What do I do? It's the only real evidence I have that they are lying, there's 5 of them and one of me. Can I get into trouble? Can I report them and how?

[des8]

Hi and welcome

The use of secret recordings is fraught with danger.
Sometimes the court will allow it, as pragmatically if you have submitted a transcript with your W/S, the content is out there, but it may have consequences.
Relevant issues include:

• recording someone secretly may breach their human rights;
• secret recordings are sometimes allowed as evidence, but the party who made the recordings is penalised when the court is deciding who pays which legal costs;
• the party being secretly recorded might sue for breach of confidentiality;
• the recording may breach the other party's data protection rights

In a High Court case David Cooke J stated in his ruling: "It is true to say that these must be approached with some caution, as there is always a risk that where one party knows a conversation is being recorded but the other does not the content may be manipulated with a view to drawing the party who is unaware into some statement that can be taken out of context. But there can be great value in what is said in such circumstances, where the parties plainly know the truth of the matters they are discussing and are talking (at least on one side) freely about them."

No easy answer I'm afraid

Tagging jaguarsuk

[jaguarsuk]

I don't have much to add to the above.

I'd think the nature of the claim might lend itself to the judge allowing such a recording, especially as it highlights such flagrant abuse of the court process and manipulation of it.

However, it's an individual judge thing and how they are on the day, so it's really up in the air.

[2222]

Can I just add that it would be usual to include a transcript for the court but to make the audio available to the other side, so they can check the transcript.

[Lawstuff]

Thanks for responses.

The audio recordings prove that they've lied in their statements. For example things they told me but then retracted saying I'm lying, I can prove I'm not. Things that happened which they are denying knowledge of I can prove took place. Landlord has paid them and they are currently living rent free in return for lying for him and going against me, they told me this but I can't prove it.

What I don't understand is I hear about many cases that solved using mobile footage secretly recorded, I never hear of the person whom recorded this getting charged, how does that work?

Perverting the course of justice is a crime, if that is the only way I was able to obtain the evidence that this has been happening then I don't understand why it can't be used?

Also my solicitor is not giving me a direct response. I met with the barrister who will represent me in court once and she told me secretly recorded audio can't be used. I a month later asked my solicitor and she told me to send the audio to her and she'll put it in the trial bundle. I told her I don't want to get in trouble that I need to know for sure it's allowed but she just gives me a vague response and tells me she can include it in the bundle.

No idea what to do. I can't change my solicitor because there's only 10 days to the trial and I receive legal aid, also I like the barrister who will represent me.

[des8]

Unfortunately there is no right or wrong answer to give you, which is probably why your solicitor is not giving a direct answer.

I would be guided by my solicitor, rather than the barrister.

And please don't accuse the defendant and witnesses of lying (at least not when in court); they are mistaken!

[MIKE770]

misdirected!