14Inadmissibility of evidence of private conversations when unlawfully obtained

14 Inadmissibility of evidence of private conversations when unlawfully obtained

(1)  Where a private conversation has come to the knowledge of a person as a result, direct or indirect, of the use of a listening device in contravention of section 5 –

(a) evidence of the conversation; and

(b) evidence obtained as a direct consequence of the conversation so coming to the knowledge of that person –

may not be given by that person in any proceedings before any court or person authorized to receive evidence.

(2)  Where a private conversation has come to the knowledge of a person as a result, direct or indirect, of the use of a listening device pursuant to a warrant granted under Part 4 or in circumstances referred to in section 5 (2) (c) –

(a) evidence of the conversation; and

(b) evidence obtained as a direct consequence of the conversation so coming to the knowledge of that person –

may not be given by that person in any proceedings before any court or person authorized to receive evidence unless the reports required to be forwarded to the Chief Magistrate under section 5 (4) and (7) have been forwarded to the Chief Magistrate within the periods specified in those subsections and the report required to be furnished to the Attorney-General under section 8 has been forwarded to the Attorney-General within the period specified in that section.

(3)  Subsections (1) and (2) do not render any evidence inadmissible –

(a) if all of the principal parties to the private conversation concerned consent to the evidence being given; or

(b) if the private conversation concerned comes to the knowledge of the person called to give the evidence otherwise than in the manner referred to in those subsections, notwithstanding that the person also obtained knowledge of the conversation in such a manner; or

(c) in proceedings for an offence against this Act; or