Yea, I don't get believing that the guilty calunnia charge was correct ever. Now that doesn't mean that I understand the technical aspects of Italian law. I don't.
I just don't see how anyone can suggest that Amanda possessed the required mens rea to be able to commit the crime. If her statements in the interrogation can't be used to convict her for murder, why are they admissible for callunia?
Oh
this is a different matter altogether. And it's related to laws safeguarding people from self-incrimination without the proper cautions etc.
Let's imagine a (totally hypothetical) scenario whereby two people (let's call them "A" and "B") committed a murder in Italy. "A" was, let's say, the housemate of the victim.
Suppose the police were having a preliminary witness interview with "A" (you know: "Can you help us? Do you know of anyone who had a grudge against the victim? When did you last see the victim?" etc), when "A" suddenly says:
"Oh man, I can't hold it in any longer. I was one of the three people who killed the victim. The three of us comprised me, "B", and "C". "B" was the one who stabbed the victim to death while "C" and I held the victim down!"
The police (let's pretend the Italian police/PMs are competent, thorough and honest....) then gather further investigation which indicates that the murder was actually committed by "A" and "B" (and not "C") - and "A" and "B" are charged and tried.
Now, in Italy, what ought to happen would be as follows:
This statement made by "A" cannot be usable against "A" in any criminal trial, since it is self-incriminating and was made in the total absence of any cautions, legal counsel etc.
This statement made by "A" CAN, however, be usable against "B" in any criminal trial, since "B" is not afforded the same protection in law (in that instance, it's incrimination rather than self-incrimination).
This statement made by "A" CAN be used in a (separate) prosecution of "A" for criminal slander against "C".
So if we bring this back to Knox: it's entirely feasible (in THEORY alone) that - as the PGP continue to insist - Knox simple "blurted out" this story about meeting up with Lumumba and taking him to the cottage, all in the absence of any police coercion - or even suggestion! - and entirely of her own free will. Now, if this (fairy) story were actually correct, it would be entirely true that none of this statement by Knox could be used against her (self-incrimination without cautioning/legal counsel etc), but COULD be used against her in a prosecution of her for criminal slander against Lumumba.
So IN PRINCIPLE it's possible. But of course, as you point out, in practice things are hugely different. As you say, Knox simply didn't have the required
mens rea for the crime of criminal slander against Lumumba. She didn't accuse him of her own free will and volition. She was coerced and bullied by the police (aided and abetted artfully by the
interpreter addition interrogator Donnino). She was instructed by the police to "remember" meeting with Lumumba (i.e. the man to whom she'd sent the "see you later" message) and taking him to the cottage whereupon he'd murdered Kercher; she was effectively told that a) the police already "knew" that this was what had happened, b) if she did not "remember" this, she could expect to be charged with extremely serious crimes and spend a very long time in prison, and c) if she DID "remember" this, she'd be greatly helping not only herself, but also Kercher's grieving family, by helping the police put the evil Lumumba away for a very long prison sentence.