Interlocutory directions of the ADT Appeal Panel concerning the structure of a further hearing do not give rise to res judicata or issue estoppel and may be reconsidered. Where a tribunal states a caveat that it will recall a telephone witness if it has concerns about the evidence, it breaches procedural fairness if it makes adverse credibility findings without recalling the witness or alerting the affected party. Where a tribunal cannot find a rational basis for preferring one witness over another and there is no other evidence, the onus of proof has not been discharged.
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