Questione giuridica chiave
Whether the defendant’s hearing rights were violated because he was not heard at the cantonal hearings and a witness was not examined.
Decisione estratta
No violation occurred: he was duly summoned, had the opportunity to speak after police presentation, and his own conduct led to the loss of the witness evidence request.
Motivazione estratta
The court found he was fit to appear according to the physician, failed to attend without sufficient excuse, was later questioned, and remained silent by choice. As to the witness, the defense effectively withdrew the request, so no duty remained to re-summon or compel the witness.