Whether the referral order should be annulled because the evidence was insufficient to send the accused to trial.
The referral was upheld because the file contained sufficient indicia of guilt; under in dubio pro duriore, a trial is required when guilt appears plausible or even only possible.
The appellate court held that the investigation was sufficiently advanced and that the case file already showed enough indications of culpability. At the referral stage, doubts need not benefit the accused, and he can present his defence before the trial court.