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Not so sure about "so much for a smart phone"... i think it has more to do with privacy laws. The same way most call recording software plays a tone and camera sounds cannot be silenced in some countries. If you want a picture of the person and know them well enough then ask for one... unless of course you are trying to sneak pictures or videos of them doing something they'd rather not have recorded!
...but if you really must sneak a picture then try something like this : http://www.download.com/Mobiola-Screen-Capture-Symbian-S60v3-/3000-11138_4-10821555.html