Key legal question
Whether refusing access to the handwritten draft minutes violated the right to be heard and cantonal criminal procedure rules.
Extracted holding
Yes. The parties had to be able to consult the draft minutes at least at the appellate stage; the refusal unlawfully restricted the defense.
Extracted reasoning
The minutes of the trial hearing are an essential part of the appeal record. The appellant's request, though not perfectly clear, was sufficient to be understood as a request to inspect the witnesses' recorded statements. The defect was formal and could not be cured in federal proceedings.