Key legal question
Whether refusing to hear counsel as a witness violated the right to be heard or was arbitrary
Extracted holding
No violation: the appellate court could, without arbitrariness, infer that the defendant had incompletely or untruthfully instructed counsel; further evidence was therefore unnecessary.
Extracted reasoning
The proposed testimony could not undermine the already established evidentiary picture, and the refusal to take it was permissible anticipatory assessment of evidence.