Question juridique clé
Whether T.________ was entitled to restitution of the appeal deadline against the decision of 4 June 2009.
Solution extraite
No; restitution would allow a second appeal against a decision that had already been finally decided, which is barred by res judicata.
Motifs extraits
Under Art. 138 CPP restitution requires an impediment without fault. Here the applicant had already filed an appeal, which was ruled on by the competent judge. Granting restitution would circumvent the finality of that ruling and violate the principle of res judicata.