Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements
The Appeals Tribunal found that Mr. Karkara failed to show that the Ä¢¹½ÊÓÆµDT¡¯s assessment of the evidence had resulted in a manifestly unreasonable decision. It also found that the Ä¢¹½ÊÓÆµDT did not make any errors with regard to the admissibility of witnesses. The Ä¢¹½ÊÓÆµAT further found that the Ä¢¹½ÊÓÆµDT did not commit any procedural error, and Mr. Karkara¡¯s allegations of procedural irregularities did not put the Ä¢¹½ÊÓÆµDT¡¯s findings into doubt. Accordingly, the Ä¢¹½ÊÓÆµAT agreed that there was clear and convincing evidence of sexual abuse and exploitation by Mr. Karkara. The Ä¢¹½ÊÓÆµAT also held that the sanction of dismissal was appropriate given that Mr. Karkara's conduct was particularly grave in light of his work with young adults.
Accountability referral: However, the Ä¢¹½ÊÓÆµAT agreed with Mr. Karkara that the Executive Director of Ä¢¹½ÊÓÆµ Women violated a Ä¢¹½ÊÓÆµDT Order by disclosing and discussing details of these confidential proceedings in an all-staff meeting. The Ä¢¹½ÊÓÆµAT referred the Executive Director of Ä¢¹½ÊÓÆµ Women to the Secretary-General for a possible action to enforce accountability.
Decision Contested or Judgment/Order Appealed
Ä¢¹½ÊÓÆµDT/2020/188
Legal Principle(s)
Under the consistent jurisprudence of the Appeals Tribunal, the assessment of evidence is foremost in the hands and responsibility of the trial judge, and the Appeals Tribunal will not lightly interfere.