Question juridique clé
Whether the refusal to indict for negligent homicide violated in dubio pro duriore / was arbitrary in light of the accident evidence.
Solution extraite
The cantonal authorities could, without arbitrariness, find that a conviction was highly unlikely because the cyclist may have been in the driver's blind spot and the evidence did not establish that the driver should and could have seen her.
Motifs extraits
The Federal Court deferred to the cantonal appreciation of police and expert reports, found no manifestly untenable reading of the evidence, and held that where substantial doubt remains, refusal to indict does not breach in dubio pro duriore.