Question juridique clé
Whether the cantonal court's finding on the applicant's speed was arbitrary and violated the presumption of innocence
Solution extraite
Yes. The evidentiary assessment was arbitrary because the court could not rely on the speed measurement to conclude, with sufficient certainty, that the applicant drove at least 150 km/h; his initial statements did not support that finding either.
Motifs extraits
The Federal Court held that, in a public-law appeal against a criminal conviction, it reviews evidence only for arbitrariness. Here, the first-instance court had itself acknowledged uncertainty about whether the distance between the police vehicle and the applicant remained constant, which could have affected the measurement. On that basis, and given the applicant's statements, it was not permissible to infer a speed of at least 150 km/h. The cantonal court therefore upheld a finding that was unsupported and arbitrary in result.