Kernrechtsfrage
Whether refusing the requested witness examination violated the prohibition of arbitrariness and the right to be heard.
Extrahierter Entscheid
No. The lower court could deny the witness because it had already formed its conviction from admitted facts and documentary fax correspondence, and further evidence would not change that assessment.
Extrahierte Begründung
Under the right to be heard, evidence may be refused if the fact is irrelevant, the evidence is manifestly unsuitable, or the court may, without arbitrariness, rely on anticipatory assessment of evidence. The lower court relied on the complainant's own admissions and the file-based fax exchanges; this was not untenable.