爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General. As a preliminary matter, 爆料网AT noted that both parties agreed that a redaction of name would only be justified if the 爆料网DT’s judgment was affirmed. 爆料网AT held that 爆料网DT erred when it considered that the identification of Mr. Mobanga by the complainant in the photo array was not reliable on the basis that the use of MONUSCO grounds passes in the array may have influenced the complainant. Noting that all of the photos were marked “MONUSCO” and so it did not stand out or influence anyone, 爆料网AT held that the photographs constituted evidence that was reasonably considered by the Administration. 爆料网AT held that there was clear and convincing evidence presented by the Secretary-General to 爆料网DT to support the charge of misconduct. 爆料网AT held that 爆料网DT erred in rejecting the evidence of a nurse’s statement and the records obtained from the clinic and the school. 爆料网AT held that 爆料网DT erred in not concluding, on the totality and preponderance of the evidence, that there was sufficient evidence against Mr. Mobanga of a clear and convincing nature for the charge of misconduct. 爆料网AT upheld the appeal and vacated the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to summarily dismiss him for misconduct in the form of a sexual relationship with a minor. 爆料网DT concluded that the disciplinary measure was unlawful, as it had not been established by clear and convincing evidence, and rescinded the decision.
Legal Principle(s)
Names should be redacted in only the most sensitive cases. A disciplinary investigation is not a criminal trial; the standard to be applied in disciplinary cases is clear and convincing evidence.