Ä¢¹½ÊÓƵ

The Ä¢¹½ÊÓƵAT first dismissed as not receivable Mr. Loto¡¯s appeal of the Ä¢¹½ÊÓƵDT¡¯s Order denying his motion to strike an audio-recording and certain pleadings submitted by the Secretary-General. The Ä¢¹½ÊÓƵAT held that these matters could be addressed in Mr. Loto¡¯s appeal of the judgment on the merits of his application.

The Ä¢¹½ÊÓƵAT was satisfied that the Ä¢¹½ÊÓƵDT correctly admitted the audio-recording of the meeting between the alleged victim, Mr. Loto and others, as the recording assisted in resolving any evidential conflict about what transpired at this meeting, in which payment to the victim was discussed...

The Ä¢¹½ÊÓƵAT held that the staff member was responsible for having agreed that the Ä¢¹½ÊÓƵDT should hear no direct evidence from witnesses in person but should decide the matter on the documents submitted. As an inquisitorial and not a solely adversarial tribunal, the Ä¢¹½ÊÓƵDT could nevertheless have held a hearing. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT was entitled to conclude on the complainant¡¯s evidence alone that the staff member had engaged in a sexual relationship with her. Their sexual relationship was employment-related and thereby transactional. The Ä¢¹½ÊÓƵDT was entitled to conclude that this was an...

Ä¢¹½ÊÓƵAT 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 Ä¢¹½ÊÓƵDT Registry. Ä¢¹½ÊÓƵAT held that this record is critical for the preparation of the appeal case. Ä¢¹½ÊÓƵAT held that the transcripts of the testimonies of seven out of 17 witnesses were missing. Ä¢¹½ÊÓƵAT 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)). Ä¢¹½ÊÓƵAT upheld the appeal, vacated the Ä¢¹½ÊÓƵDT...

Ä¢¹½ÊÓƵAT held that there was no difficulty in principle regarding the admissibility of the secretly recorded conversation based on the way it was procured, even though it may have involved an element of entrapment; however, Ä¢¹½ÊÓƵAT was concerned that the probative value of the evidence depended upon the credibility of a person who did not testify before the Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT noted that the content of the contemporaneous emails which supported the transcript of the telephone conversation remained hearsay unless it was confirmed by the authors or recipients of the emails and that none of the authors or...