If Barclay accidentally made recording he didn't break the law - expert

Newstalk ZB Staff,
Publish Date
Tuesday, 20 June 2017, 7:27PM
Todd Barclay admitted he told Bill English about recording a colleague. (Photo \ File)




Prime Minister Bill English has known for more than a year that National MP Todd Barclay had secret recordings of staff conversations.

English admitted on Tuesday he told police Barclay himself told him about the recordings, believed to include former staffer Glenys Dickson who quit amid a bitter employment dispute.

Earlier on Tuesday, the MP had again denied secretly recording staff and said he didn't tell English he had.

READ MORE: Barclay admits he told PM about secret recordings

English's admission was quickly followed by Barclay fronting the media to read from a brief statement.

"I have read Mr English's statement to the police and accept it," he said.

"I shouldn't have been as specific in my comments to the media today about the allegations.

"I am sorry if any of the answers I gave this morning were misleading in any way."

Barclay refused to answer questions, walking away from reporters.

University of Otago law Professor Andrew Geddis told Larry Williams if someone accidentally records someone, without realising - keeping that recording is not illegal.

"You have to intentionally record a private conversation you are not a part of. So it would have to be a private conversation and you would need to have deliberately recorded it, those are the two elements of the offence."

Geddis said that intent has to be shown beyond reasonable doubt, in order to prosecute someone over a recording.



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