She admitted she was "very unhappy" at making the recording but felt it was the only way she could prove her head of department condoned cheating, the tribunal heard. She also told the tribunal that it had been difficult to get Harry alone to make the recording because "he was usually with his bodyguards". Her actions were bitterly criticised by Nigel Giffen, QC, representing Eton. He said: "It is a pretty extraordinary way for any teacher to behave towards any pupil. It is a gross breach of trust and almost certainly unlawful."