carbonjam72
Master Poster
- Joined
- Apr 24, 2014
- Messages
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In addition to this issue, I think it's also worth remembering that another - potentially highly inflammatory - issue might rear its head when the SC motivations come out.
It revolves around the "other attackers" factor. In its motivation on today's verdict, the SC will have to explain whether a) it concluded that it still agrees with the Guede SC ruling that there were multiple attackers, and that it doesn't find that Knox or Sollecito were those additional attackers; or b) it concluded that in fact there was probably only one attacker - Guede - and that this is one of the reasons behind the immediate acquittals of Knox and Sollecito. And of course, if it's (b), then Guede is notionally entitled to a full review of his case and potentially even a retrial, since the SC would effectively be overturning a finding of fact that was rubber-stamped by the SC as part of his original conviction.
I therefore suspect that this latest SC motivation might prevaricate somewhat on this issue. They might, for example, say that in their view it's impossible to say whether the crime was committed by one or more than one assailant, and that since there's no evidence against Knox or Sollecito, they cannot be considered as additional assailants - even if additional assailants did participate in the crime.....
I think the motivations report will state the obvious, that its not ok to import facts from one case to another, where the facts were never contested, and the defendants were denied an opportunity to refute the evidence placed against them.
Cassation could do a great service to Italian justice by outlining all the things that went wrong in this case, and all the protections that Knox and Sollecito were entitled to but did not receive, both under the Italian constitution and ECHR case law.
Holy crap, what a day.