UNDT/2019/017, Ongeri
The Tribunal did not agree with the Respondent that the actions of the Applicant as seen on the video footages were sufficient to rise to the required standard of proof of clear and convincing evidence to establish stealing; but found that the actions of the Applicant after he left with the shopping bag and the glaring inconsistencies in his testimony clearly pointed to a level of dishonesty betraying guilty knowledge that he did not pay for the items at issue. In other words, the Applicant knew that he did not pay for certain items especially after he, a career security officer, was accosted...