Questão jurídica principal
Whether the appeal was admissible against the alleged refusal to hear a witness during ongoing first-instance proceedings.
Decisão extraída
No appeal lay because no appealable decision had been rendered; in any event, an in-procedure procedural order by the first-instance court or its president is not challengeable under Arts. 393 ff. CPP.
Fundamentação extraída
Arts. 393(1)(b) and 65 CPP exclude appeals against procedural orders made during proceedings before the final judgment, except where the law expressly provides otherwise. The alleged witness-refusal decision would have been such an in-procedure order and thus not subject to appeal.