¹ú²úAV

The initial fact-finding investigation was fundamentally flawed, unreliable and a sham. The failure to conduct a proper investigation but to resort to arm-chair analysis and conclusions based on the unreliable initial fact-finding investigation was not only useless but constituted a violation of the provisions of ST/Al/371 and the Applicant's due process rights. The Preliminary Investigation Report is characterized by a lack of direct evidence from the alleged victims and a heavy reliance on second hand evidence made by third party witnesses. The IGO/Investigation Unit failed to establish facts that could legally amount to misconduct or serious misconduct. The evidence adduced by the Respondent does not sufficiently support the charges of extortion and attempted extortion. The Respondent has failed to discharge his burden of proving that misconduct has taken place. The decision to summarily dismiss the Applicant went beyond what was required to achieve the objective of creating a culturally diverse and harmonious workplace free of harassment and abuse of authority as spelt out in ST/SGB/2005/20.