Lawyers call for fast-track preservation of crucial CCTV evidence in criminal cases
Most CCTV systems overwrite recordings after just two to three months, leaving a narrow window to preserve evidence critical to a trial.
KUALA LUMPUR - Legal experts are urging a fast-track court process to preserve closed-circuit television (CCTV) footage in serious criminal cases, with applications heard within 24 to 48 hours amid concerns that crucial evidence is being lost to automatic deletion.
Criminal lawyer Sivahnathan Ragava revealed that most CCTV systems overwrite recordings after just two to three months, leaving a narrow window to preserve evidence critical to a trial.
"In serious drug cases where the punishment can include the death penalty, failing to secure CCTV footage promptly can jeopardise an accused person’s right to a fair trial.
"By the time a case moves from the Magistrate’s Court to the High Court, more than a year may have passed and the footage could already be gone, even though it may be crucial to the defence," said the lawyer.
He added that lawyers currently have no power to compel private premises to release recordings, as only the police or the courts hold that authority.
He proposed letting lawyers apply directly to a Magistrate for preservation orders in urgent cases, with hearings within 24 to 48 hours to prevent crucial evidence from being lost.
Lawyer Nur Ashiqeen Mohd Sultan echoed the concern, noting that CCTV footage can be erased within weeks and the defence often relies on investigators to act swiftly.
"By the time cases reach the higher courts, footage that could be crucial may already be gone. A fast-track application within 24 to 48 hours would help prevent evidence from being lost forever," she said.
Meanwhile, lawyer Muniandy Vestanathan stressed that by the time a court issues a subpoena after charges are filed, CCTV footage may already have been overwritten.
He urged the creation of a mechanism enabling lawyers to act swiftly, with court oversight to protect privacy.
He added that any reform must include safeguards under the Personal Data Protection Act 2010 to protect the privacy of third parties captured on CCTV.
He suggested introducing time-limited preservation notices to prevent automatic deletion, while ensuring that access and disclosure remain strictly supervised by the court.
"This would safeguard the accused’s legal rights without compromising the privacy of unrelated individuals," he said. - BERNAMA
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