Questione giuridica chiave
Whether refusing to order DNA testing violated the appellant's right to be heard and to adduce evidence.
Decisione estratta
The refusal was arbitrary and violated the right to be heard because the requested test could still have produced relevant exculpatory or incriminating evidence, even if the probability was low.
Motivazione estratta
A party may be denied an offered measure only if the authority can conclude without arbitrariness that it would not alter its conviction. Here, the requested DNA examination could potentially have shown the presence of third-party genetic material or, conversely, strengthened the accusations if it matched the appellant. The lower courts therefore could not reject the request merely because the chance of a reliable result was small.