Proving the Invisible: Digital Forensics, Evidentiary Integrity and the Future of Justice in Ghana

The fact that unlawfully obtained evidence is highly probative may therefore weigh in the court’s assessment, but it cannot be treated as a standalone licence to admit it. Nor should the court confuse the question of authenticity with the question of legality. A recording may be genuine and forensically intact while still having been obtained through an unlawful interception or search. Conversely, exclusion of an unlawfully obtained item does not necessarily prevent the party from relying on independently obtained evidence of the same fact, where the law permits it.