I've often heard that apologies in various contexts can be used as evidence for litigation (eg, saying "oh sorry" after an auto accident) . Its a sad state of affairs, but people have to protect themselves from idiots and the courts they convince.
That said, I don't think there would be any issue with the woman in the recording saying something kind and generic, like "I feel for you, and I am sorry to have to do this."
Edit: Wouldn't that be something though? It would enable someone to argue innocence due to lying wholesale to someone's face saying you were sorry.
Sure you'd have to admit to being a liar in court but whatever. After winning slam dunk since this venue is apparently void of evidence, say sorry to the court for the problems (leave the judge wondering) and call it a day.