Vixen
Penultimate Amazing
No. The item you believe he ruled as a legal fact, is covered by M/B's "if". "If all the above is accepted," does not sound like M/B is ruling that it is a fact.
All this added to the number of times on the M/B report it speaks of their presence at the cottage as "alleged" or "hypothesized".
- The Sollecito defence is.... in the form of an inquiry aimed at ascertaining the possibility of his alleged presence in the house on via della Pergola at the time of the murder.It's in that context that the M/B court itself hypothesises that even "if all the above is accepted", and we concede that Necini's hypothesis was right - that Knox was there and that she scrubbed blood off of her hands, that still does not mean Nencini should have convicted.
- it is certainly useful to remember that, taking for granted that the murder occurred in via della Pergola, the alleged presence at the house of the defendants cannot, in itself, be considered as proof of guilt.
- The aspects of the objectively contradictory nature [of evidence] can be, as shown below, illustrated for each defendant, in a synoptic presentation of the elements favourable to the hypothesis of guilt and of the elements against it, as they are shown, of course, by the text of the challenged ruling
- However, a matter of undoubted significance in favour of the appellants, in the sense that it excludes their material participation in the murder, even if it is hypothesised that they were present in the house on via della Pergola
Nowhere was M/B write that they, themselves, believe this outside of summarizing Nencini's lower-court hypothesis which should not have been used to convict.
AIUI Marasca was using ipozatta (_sp?) as a figure of speech, not as a legal term.
