Key legal question
Whether the cost order after dismissal violated the presumption of innocence and the prohibition of arbitrariness.
Extracted holding
The cost order did not imply any criminal guilt and was sustainable because the accused had culpably failed to maintain the vehicle and thereby triggered the investigation.
Extracted reasoning
The Federal Court held that Art. 6(2) ECHR is violated only if the cost reasoning directly or indirectly attributes criminal guilt. Here, the authorities relied solely on a civil-law-like breach of the duty under Art. 29 SVG and on a lightly negligent attitude under Art. 156(1) StPO. That application was not arbitrary on the facts.