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UNDT/NBI/2009/071

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The charge relating to the unauthorized use of the UNON ID card to gain access to the UN premises in Nairobi was properly brought. However, before a conclusion was reached, the decision maker was required not simply to ask whether, as a question of fact, tax and duty free purchases were made by the staff member but also whether by doing so the staff member had the mens rea to abuse UN privileges and immunities or whether he genuinely believed, on reasonable grounds that he was entitled to have access to the UN Commissary. Based on the evidence, the Tribunal found that on the balance of...