Facts
The appellant [X.] was found guilty by the Basel-Stadt Court of Appeal of sexual coercion, simple bodily harm, threat, multiple coercion and physical assault, as well as serious violation of traffic regulations. He was sentenced to a conditionally enforceable fine and a fine. The appellant requested the annulment of the judgment and his acquittal from the charges. He complained of a violation of his right to be heard and to a fair trial, as he had never been confronted with the respondent 2.
The lower court dismissed the appeal, reasoning that the appellant was able to follow the questioning of respondent 2 acoustically and could ask questions through his defense counsel. The lower court considered that the appellant had not claimed that he was unable to take note of respondent 2's previous statements.
Considerations
The Federal Court examined the appeal and came to the conclusion that the lower court had rightly dismissed the appellant's request for direct or indirect confrontation by means of video transmission. The court found that the appellant was able to follow the questioning of respondent 2 acoustically and could ask questions through his defense counsel.
The Federal Court also rejected the appellant's complaint that the lower…