Facts
The complainant [A.] was investigated by the Public Prosecutor's Office of the Canton of Schaffhausen on suspicion of fraud, theft, property damage, and trespassing. On July 6, 2016, lawyer Stephan Bernard was appointed as the official defense counsel for [A.] . Later, [A.] requested a change of official defense and the appointment of lawyer Thomas Heeb as the new defender, which was approved by the Public Prosecutor's Office.
On January 5, 2018, lawyer Thomas Heeb requested his dismissal as official defense counsel, and on January 26, 2018, [A.] applied for the appointment of lawyer Otmar Kurath as the new official defense counsel. The Public Prosecutor's Office rejected these requests. [A.] lodged a complaint with the High Court of the Canton of Schaffhausen, which dismissed the complaint.
[A.] appealed to the Federal Court and requested the annulment of the High Court's decision, the revocation of the official defense by lawyer Thomas Heeb, and the appointment of a new legal representative of his choice.
Considerations
The Federal Court examined the admissibility of the complaint and concluded that the material prerequisites of Art. 93 para. 1 lit. a FSCA are met, as the complainant has stated why, in his opinion, the relationship of trust is damaged.
The court stated that the complainant has a fundamental right to skilled, committed, and effective representation of his party interests and that a request to replace the official defense counsel must be granted if, for objective reasons, a proper representation of the defendant's interests by the previous lawyer can no longer be guaranteed.
However, the court concluded that the lower court rightly…