" This brings me to a side issue, namely, the clarifications or explanations given by Captain Davis and the Director-General regarding the source of their power to make the above decision. It cannot be denied that rather confusing answers were given at various times to justify the decision. This has generated some debate at the hearing regarding whether the Director-General can go back on his reasons for the decision."( Legal Ruling)
seems like the CAD made a decision without knowing at the time the source of their discretion