Question juridique clé
Whether the cantonal appeal chamber violated A.________'s right to be heard by relying on the prosecutor's new allegation of reckless conduct without giving him the chance to comment.
Solution extraite
Yes. The new ground had not been raised earlier, was not disclosed to A.________, and he was entitled to comment before it was used against him.
Motifs extraits
Art. 29(2) BV guarantees the right to be heard on decisive new legal grounds or factual allegations. Because the appeal chamber based its refusal on a newly introduced allegation from the prosecutor's submission, without giving A.________ access or an opportunity to respond, the hearing right was breached.