Bill Williams
Penultimate Amazing
- Joined
- Nov 10, 2011
- Messages
- 15,713
As you yourself pointed out, the main headers for the acquittal - or rather the technical 'dropping of charges', as implied by section 530 para2 - were "the investigation was stunningly flawed' and 'the media attention'.
As there is no prohibition of media activity under Italian law (as there would be, say, in the UK) nor the jury/judges sequestered during the hearing (as in the UK) then it is grossly and manifestly illogical, as well as legally improper (as there are no legal constraints in the first place) for Bruno-Marasca to acquit on these grounds. The 'flawed investigation' they state is based on new DNA contamination evidence, for Massei and Nencini had rejected this claim, 'new', as it is based on Gill's submission introduced post-first and -second instance hearing, which was never cross-examined in court, and astonishingly, flawed witnesses of the defense, who were attacked by B-M as being of low character, and... introduced to the court by Raff's counsel Avv Bongiorno herself! (It was the defense fault, did you miss this?)
You tell me what is manifestly illogical.
Ah, er, no. What is remarkable is the constant "PR war" of a few who seem to want to speak for what the Marasca/Bruno report says - or more properly what they think it says. Read Section 10 of the report, for (in his/their own words) what they, themselves, think they are saying.
What is manifestly illogical is the logical path you go down in a post such as this, trying to paint Marasca's reasoning into a corner of your choosing.
That "the investigation was stunningly flawed' and 'the media attention' are cited in Marasca's report doesn't seem to paint him into that corner - despite your best efforts.
You also claim to know stuff - without citation - that nails home your point.
People on your side of the fence talk about how the Marasca report is internally manifestly illogical, then turn to it to make your own logical points. The truth is that in its brevity Marasca does hold together, within the constraints of not stepping on what it believes to be "judicial truths" arrived at by former ISC panels. Even with that said, it combines the judicial truths into a synoptic narrative, which at the end says proves nothing.
In the interests of citation, the following is what Marasca/Bruno concluded after all this.....
10. The intrinsic contradictory nature of the evidence, emerging from the text of the appealed verdict, in essence undermines the connective tissue of the same,leading to its annulment.
In fact, in the presence of a scenario marked by many contradictions, the
referral judge should not have come to a verdict of guilt, but - as previously observed –
should have reached a verdict of not guilty, given Article 530, section 2,
Italian Code of Criminal Procedure.
At this point only one matter remains to be resolved, regarding the type of
annulment - i.e., whether it should be decided with or without a new trial - which
depends, obviously, on the objective possibility of further investigation which could
unravel the perplexing aspects, and offer answers of certainty, perhaps through new
technical investigations.
The answer is certainly negative.
In short.... "The intrinsic contradictory nature of the evidence." The manifest illogic, acc. to M/B belongs to those who still promote a guilt view.
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