Strozzi
Graduate Poster
In principle, there's nothing unjust or anti-judicial from one defendant in a joint enterprise trial (here, Guede) electing for a different trial process from the other defendants. Here in England & Wales it happens extremely frequently, if one defendant decides to plead guilty prior to trial.
BUT........ where it goes so spectacularly wrong in the Italian system is that the outcome of the "splitter-offer" (i.e. Guede here) is not only made public knowledge in advance of the trial of the remaining defendants, but it also is materially allowed to impact upon the verdicts of the triers of the trials of the remaining defendants.
What could and should have happened in this case would have been that Guede elected for a short track trial, which would have been held in camera (i.e. in a closed court with no reporting). The outcome of the trial would have been kept secret, not only from the public, but also from all judges involved in the Knox/Sollecito trials. Only once the Knox/Sollecito trials had been absolutely concluded (i.e. only after SC affirmation) should the results of Guede's trial process have been made public or made available to the judges trying Knox and Sollecito.
I would recommend that where there may be several defendants and one opts for a fast-track or separate trial, no prosecutor should be allowed to prosecute both cases. This is to prevent a prosecutor (like Mignini did) from compromising/undermining the state's prosecutorial case with a defendant in one trial in order to maintain fiction in the second suspect's trial.