Vixen
Penultimate Amazing
Not sure I understand the question but here goes...
If a "point of fact" were a fact in its pure form why would legal systems allow appeals on "points of fact"? There would no point in allowing such a law to exist if "points of fact" were empirical facts.
From the web...
"An appeal on a point of law will arise after a Court has made a finding on a case, but it has got the law wrong in arriving at that finding. Against a finding of fact, it is much the same principle really, but relates to a situation where the Court has given a decision based on the facts of the case, but that it has arrived at that decision wrongly because it got its finding of the facts leading to that decision wrong."
So logically when a court rules on facts they aren't necessarily facts if they can be overturned on appeal.
It's just a definition peculiar to law, that's all.
So what Bruno-Marasca are saying is, that Massei, in the merits hearing, and to a small extent, Nencini, in the Appeal Court, having conducted the case and heard all the evidence, found various facts - as was their task - and Bruno-Marasca in their report are saying, "these are the facts found" (past tense), but they are overturning them, without remitting back to a lower court.
IMV this is unethical, as it is "trying the case on paper". They seem to have relied on the Dr Gill notes in Raff's Appeal Appendix, yet the other party was given no opportunity to cross-examine Dr Gill, nor did the defense. A supreme court judge in the UK, or even a High Court Appeal judge would not have the power to "fact find", and would always refer a disputed "fact" back to the lower court, assuming it's material.
I would have thought the issue of DNA contamination, police incompetence and the issue of permitted testimony would be one for the lower courts. If Bruno-Marasca have condemned Stefanoni as incompetent, when there has been no investigation or disciplinary finding to this effect, then IMV, they have grossly overstepped their judicial powers.
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