Question juridique clé
Whether the refusal to hear the employer as an alibi witness violated the right to be heard and the prohibition of arbitrariness.
Solution extraite
Yes. The refusal was not justified by anticipatory assessment of evidence because the employer's testimony could not be dismissed without first hearing it.
Motifs extraits
The appellate court treated the written employer confirmation as insufficient without explaining why. If the court doubted its reliability, it had to hear the employer, possibly by mutual legal assistance and under the warning of perjury consequences. It was not sustainable to assume in advance that the testimony would not alter the result.