Blind justice: the pitfalls for

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  1. One peril of administrative decision-making in statutory tribunals is over-enthusiastic counsel. Recently, in the Administrative Appeals Tribunal during some concurrent expert evidence as to the reproductive possibilities of elephants in zoos, senior counsel for the zoos asked an Indian veterinarian about a photograph showing elephants in what might be described, were they humans, as a compromising position. The following exchange occurred71:

Dr Griffiths: Could I ask you whether or not, it’s not evident from this photograph, but do you have any recollection as to whether or not the cow elephant was chained or tethered when this photo was taken?

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