Key legal question
Whether the refusal to open criminal proceedings for abuse of office was unlawful
Extracted holding
The complaint was unfounded because the police officer could reasonably rely on a specialist's information and act to prevent further use of the vehicle; abuse of office was not established.
Extracted reasoning
Whether the vehicle was actually roadworthy was not decisive. The lower court found the officer could assume the opposite based on expert information, so preventing further use of the vehicle was justified.