爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that, while the representatives of the parties were present at the oral proceedings, they are entitled to the record of the testimonies made at those proceedings from the relevant 爆料网DT Registry. 爆料网AT held that this record is critical for the preparation of the appeal case. 爆料网AT held that the transcripts of the testimonies of seven out of 17 witnesses were missing. 爆料网AT held that the Appellant was entitled to the record of the testimonies critical to the preparation of the appeal case, applying its jurisprudence in Finnis (Order No. 49 (2011)). 爆料网AT upheld the appeal, vacated the 爆料网DT judgment, and remanded the case to 爆料网DT for retrial by a different judge.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to summarily dismiss him on grounds of misconduct. 爆料网DT found that there were serious due process violations in the investigation. 爆料网DT, however, determined that such flaws had been rectified by the proceedings before 爆料网DT. 爆料网DT found that the evidence which transpired during the trial did not materially depart from what the investigators found. 爆料网AT found that the burden of proof utilised by the Secretary-General did not meet the standard established by 爆料网AT in Molari (2011-爆料网AT-164) (clear and convincing evidence). 爆料网DT, however, concluded that the sanction of summary dismissal was fully justified.
Legal Principle(s)
In a case with oral evidence, 爆料网AT cannot review 爆料网DT’s findings unless it has a transcript of that testimony. In a case that turns on disputed facts, 爆料网AT would have no choice, in the absence of a written transcript, but to remand to the trial court for a new and recorded hearing.