Questão jurídica principal
Whether the defendant’s hearing rights were violated because he was not heard at the cantonal hearings and a witness was not examined.
Decisão extraída
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.
Fundamentação extraída
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.