Questão jurídica principal
Whether the refusal to award compensation under Art. 163a para. 1 Vaud CPP was arbitrary
Decisão extraída
Yes. In the circumstances, the applicant was entitled to compensation because retaining counsel was justified and the refusal to compensate was shocking in result.
Fundamentação extraída
Although the case was not objectively complex, the investigating magistrate repeatedly ignored the applicant's objections and pushed the case to trial. Given that behavior, counsel was legitimately retained and proved useful. The applicant also had good reasons to avoid a conviction for disobedience in light of his professional dealings with authorities.