Kernrechtsfrage
Whether the defendant's absence from the hearing was excused so that the objection could not be treated as withdrawn.
Extrahierter Entscheid
The absence was not considered justified by the lower courts, but the Federal Supreme Court held that the refusal to postpone unlawfully restricted free choice of counsel.
Extrahierte Begründung
A party has the right to choose counsel at every stage. The already scheduled hearing should not have been maintained where this prevented representation by counsel of choice and no abuse or overriding procedural reason justified the refusal.