CASE OF MAVRIČ v. SLOVENIA
Violation of Article 6+6-3-d - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Fair hearing) (Article 6 - Right to a fair trial;Article 6-3-d - Examination of witnesses)
Ann Power-Forde;Helena Jäderblom
5. The applicant was born in 1955 and lives in Ig. 6. On 9 June 2008 the police fined the applicant 333.83 euros (EUR) for verbally and physically assaulting Š.S. The applicant lodged a request for judicial review in which he contested the finding of the police that he had hit Š.S. in the head. He requested that he and two witnesses who had been present on the spot at the time of the alleged commission of the minor offence be heard. 7. On 4 March 2011 the Ljubljana Local Court heard the two witnesses proposed by the applicant, a police officer and another witness. On the basis of their submissions it rejected the applicant’s request for judicial review. 8. On 8 June 2011 the applicant lodged a constitutional appeal complaining that because the Local Court had failed to inform him and his lawyer of the hearing, he could not examine the witnesses and did not have any opportunity to be heard. 9. On 13 September 2011 the Constitutional Court rejected the constitutional appeal as inadmissible.