Key legal question
Whether the Obergericht arbitrarily assessed the evidence and violated in dubio pro reo by finding that the soil was frozen on 21, 22 and 24 February 2003.
Extracted holding
The evidence assessment was not arbitrary and did not violate the presumption of innocence; the combined witness testimony and meteorological report allowed the court to be convinced beyond reasonable doubt that the soil was frozen.
Extracted reasoning
The Federal Court held that the meteorological opinions alone were insufficient, but the consistent testimony of the three on-site witnesses, together with the report, supported the factual finding. The alleged inconsistencies were minor or did not undermine the core testimony.