ABSTRACT
Aside from confessions, convictions based on other forms of evidence obtained by allegedly illegal or unfair means are regularly challenged in the appellate courts. Evidence obtained through torture is never admissible, even if the torture took place abroad or was not directly attributable to the state. The trial judge correctly found that the search did not taint the quality of the evidence, or the fairness of admitting it into evidence. Evidence derived from the listening devices was admitted at their trial for conspiracy to rob. Entrapment may not only produce circumstances that require the exclusion of evidence under section 78, but may also lead the court to stay a prosecution on grounds of abuse of process. An expert witness compared the video-recording with film taken by a surveillance camera at the scene of the robbery, and concluded that the defendants were those depicted in the surveillance camera.
