Bill Williams
Penultimate Amazing
- Joined
- Nov 10, 2011
- Messages
- 15,713
Do you like motherhood and apple pie Bill?
Apple pie too much.
Do you like motherhood and apple pie Bill?
I share others' view that this is less about seeing the biggest culprits (especially Stefanoni, Mignini, most of the Perugia Flying Squad) punished per se. Rather, to me it's about a) seeing those people properly held to account, and b) taking all proper steps to minimise the chances of this sort of thing happening again.
So I think Stefanoni should be subjected to an investigation, and (after due process) removed from the forensic science community. I think Mignini should be investigated by the appropriate body, and (after due process) removed from his position of authority and formally censured over his conduct in this case. I think that most of the Perugia Flying Squad should face disciplinary investigations.
But on top of that, I think that certain structural changes need to happen, to try to minimise the chances of this happening again. Firstly, the police and courts need to get a grip on low-template DNA evidence, and put all the crucial protocols and processes into place. Secondly, the (seemingly ad hoc) practice of sending lab technicians out to process crime scenes should be formally forbidden. Italy must make sure that specialised crime scene investigators are trained and available for this sort of work. Thirdly, I think that the top brass of the Italian judiciary - probably the Constitutional Court - need to sort out the institutionalised problem of the improper relationship between trial judges and prosecutors. They need to ensure that the adversarial system is rigorously enforced, that there is full and open discovery to the defence, that defendants truly ARE treated by the courts as innocent until/unless proved guilty beyond a reasonable doubt. And lastly, I think Italian legislators urgently need to draft new laws concerning police/PM practices during an investigation - something similar to the UK's PACE act.
Don't forget Chieffi. Total idiot.
Eta: I also believe that's it's unavoidable that chiefi gets thrown under the bus when the new motivation comes out.
I'm waiting for them to turn on each other. A lot of the nuts there were making definitive promises about outcomes. Additionally, there were multiple erroneous interpretations of law and science. When things don't work out, there is a natural inclination to look for someone to blame. Right now it's the ISC. My guess is it will soon be each other. The likes of Yummi, Popper, McCall and Rag have said much to be held accountable for by anyone with an emotional investment in guilt and punishment.
I still think one or two will come 180 degrees and issue mea culpas and apologies.
Crumbs, if we are talking serious reform then all of the above. I would seriously fancy the chances of nailing Stefanoni for perjury and perverting the course of justice. There was nothing on the knife or the clasp (how could there have been) and she knew what she was doing burying EDFs, concealing inconvenient test results and destroying evidence. She cannot possibly have acted alone.
I'd be very surprised indeed (though delighted) if Italy instituted a root-and-branch clean-up of its corrupt/incompetent officials on the back of this. I expect a few mildly rapped knuckles and business as usual. If reform comes I think it's far more likely to be incremental as younger and hopefully smarter people rise in the ranks and tinker. Unless they simply adopt the existing culture.
Sorry to be so pessimistic, but that seems to be a universal pattern.
By the way, the verdict is still the first item on the news here in the UK.
The BBC has just shown a snippet of Bongiorno speaking outside the court, where she points out correctly that the SC ruling shows that the defence teams were not just "partly right", they were "wholly right". I wonder how long it will take most of the pro-guilt commentators to realise the significance of the SC totally throwing out the case, as opposed to simply kicking it back down for another appeal trial. Perhaps they'll never realise........
One thing I would really like to see is Amanda and/or Raffaele getting a court order somewhere to force the hate guilter forums to be taken down.
I don't suppose anyone can stop them continuing to discuss the case, so long as they stay on the right side of defamation, but the stuff that is already there is horrendously defamatory and damaging and the world would be a better place if the only place you could access it was the Wayback Machine.
Does anyone know if it's legally possible, or does it all come under free speech?
PS: Where oh where is The Machine / Harry Rag? Is he perhaps having an argument with his local Aldi over the return of a cheap bottle of Champagne?
And where's Stilicho?
One thing I would really like to see is Amanda and/or Raffaele getting a court order somewhere to force the hate guilter forums to be taken down.
I don't suppose anyone can stop them continuing to discuss the case, so long as they stay on the right side of defamation, but the stuff that is already there is horrendously defamatory and damaging and the world would be a better place if the only place you could access it was the Wayback Machine.
Does anyone know if it's legally possible, or does it all come under free speech?
As of yesterday at around 9.30pm UK time, it became potentially libellous to write that Knox and/or Sollecito are murderers (or that they "got away with it" etc).
Personally, I doubt whether Knox or Sollecito will have any interest in pursuing actions against anyone who's continuing to make such claims. I think that they would perhaps consider taking action if anyone becomes extremely vitriolic, and/or if it crosses over into any sort of attempt to contact Knox/Sollecito or their families.
As for everything written up to that point, I don't think it's actionable under defamation law, since there was a fair justification defence. In any case, it's obvious that even if those sites do continue to operate, they will quickly recede into the deep, deep backwaters of the internet - save as a source of sociological/psychological research, that is. And on top of that, I suspect (thankfully) that those funding the hosting of these sites and those running them on a day-to-day basis might soon become disillusioned and jack it all in. For their sake, the sake of Knox/Sollecito, and the sake of the Kercher family, I sincerely hope that's what happens.