Kernrechtsfrage
Whether refusing to obtain C.'s file violated the right to be heard and amounted to arbitrary anticipatory assessment of evidence.
Extrahierter Entscheid
Yes. The refusal was inconsistent and arbitrary; the requested file could have been relevant to the accused's argument about obstructed visibility of the speed sign.
Extrahierte Begründung
The court held that the file was not obviously unsuitable to clarify whether oncoming truck traffic blocked the left-side sign. The lower court's reasons did not convincingly exclude that issue, especially because the key question was simultaneous presence near the signs, not the later police check. As the witness file could potentially support the defence and no private interests opposed access, the evidentiary refusal was arbitrary.