Questão jurídica principal
Whether participation of a judge and clerk who had sat in an earlier civil case required recusal or violated the right to an impartial tribunal.
Decisão extraída
The objection was not considered because the defendant failed to seek recusal in the cantonal proceedings and thereby forfeited the claim.
Fundamentação extraída
The alleged prior involvement was, under cantonal law, only a ground for challenge, not automatic disqualification. The majority of the panel had not participated in the earlier civil case, and the criminal court re-examined the truthfulness issue anew.