����AV

UNAT considered an appeal by the Secretary-General. As a preliminary matter, UNAT noted that both parties agreed that a redaction of name would only be justified if the UNDT’s judgment was affirmed. UNAT held that UNDT 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, UNAT held that the photographs constituted evidence that was reasonably considered by the Administration. UNAT held that there was clear and convincing evidence presented by the Secretary-General to UNDT to support the charge of misconduct. UNAT held that UNDT erred in rejecting the evidence of a nurse’s statement and the records obtained from the clinic and the school. UNAT held that UNDT 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. UNAT upheld the appeal and vacated the UNDT judgment.