With this premise, with regards to Amanda Knox’s position, it is now
observed that her presence in the house, the scene of the murder, is an acclaimed
fact of the trial, based on her own admissions, also contained in her signed memorial,
in the part where she explains how, when she was in the kitchen, after the young
Englishwoman and another person went into Kercher’s room to have sex, she heard
her friend’s harrowing scream, to the lacerating and unbearable point that she slid
down, squatting on the floor, holding her hands firmly on her ears, so as to hear no
more of it. On this point, the reliability of the opinion of the judge a quo [of the trial
from which this appeal is being heard is certainly acceptable concerning this part of
the accused’s account,
They say fact of trial and go on to say - which this appeal is being heard is
certainly acceptable concerning this part of the accused’s account.
I am very familiar with the judicial facts situation in Italy. The fact only becomes set in stone when a ISC has ruled. The ISC ruled there were multiple attackers and as Cheli pointed out this panel not only acknowledged it but went on their own to agree with it.
AFAIK the Chieffi court did not rule Amanda was actually at the house in confirming the calumny conviction. Here's the end of Chieffi on calumny:
The reasoning presented in the ruling on the link to be established between the crime of calumny and the more serious crime of murder, and thus on the existence or not of the criminal intent initially contested and held [to exist], is clearly illogical and must be reformulated according to parameters of greater plausibility and with greater adherence to the information, there being absent an in-depth critical analysis of the plausibility of the connection maintained by the first judges. The passage is fundamental in the reconstruction, because it impinges on an issue which is anything but irrelevant, the presence of the young woman inside the house at the moment of the crime: a presence which, although it cannot be translated into automatic proof of her participation in the crime, is such as to intensely illuminate the way in which the horrible crime developed and its protagonists.
On this point, the next judge will have to proceed to a new judgement in light of more appropriate parameters of assessment of the available evidence.
I did not read the entire section right now therefore I could have missed something significant but what I did read doesn't seem to set in stone she was there. In the beginning of this section they use Amanda's conversation with her mother as proof she committed calumny.
If Chieffi created the judicial truth she was there it still wouldn't explain why M&B went out of their way to agree with Nencini's thinking.
They wrote, if the assumptions are accepted and by the way we specifically agree with the assessment on this assumption, it is clear they agree with that assumption, because they said they agree with that element.
Even if you assume they can't disagree with something another ISC panel decided, such as the multiple attackers or her being there, it doesn't mean they must proactively say they agree.
There is no room for the Appeal Court to make rulings or even commentary on these "judicial facts"
.
In this case I assume you are referring to the ISC (and I agree with that assumption

) yet they do make commentary. Certainly Nencini made comments about multiple attackers as did Hellmann.