The Trials of Amanda Knox and Raffaele Sollecito: Part 26

[Vixen]

Since the lawsuit has been adjudicated in RS's favor, I believe that clears the way for the book to be sold in Italy. Correct?

If there was a settlement, I feel sure there will have been a clause included prohibiting Sollecito from repeating his calumnies against Mignini within Itlaian jurisdiction.

 

[Vixen]

No media article states that Mignini settled out of court with Sollecito. You're clinging to that last desperate hope more tightly than Jack clung to that door in Titanic. He still went down.

I quoted media way back in July which mentioned the parties were negotiating a settlement.

Hence, the confirmation today, that it appears to have been settled.

The thing about settlements, is that they usually contain 'gagging clauses', which means both parties agree not to discuss it further, nor even to state that a settlement exists.

 

[toto]

As Mama Cass famously said, 'the darkest hour is just before dawn'.

Yes, but honestly when you read what was written on the Guilt site on March 31, 2015 you have to wonder how long you really will have to wait for the fat lady to sing or when dawn is actually going to arrive.

Meanwhile on other fronts legitimacy is now on the line. Sollecito is due back in court in Florence on false claims in his book on 30 April. Knox’s calunnia trial is due to resume again shortly in Florence with expanded charges targeting false claims in her book. The Oggi trial for quoting false claims in Knox’s book has a testimony session 16 June.
The final verdict and sentence maybe cannot be wound back and their chances of serving more time for murder and a sex crime are remote. (Knox could be sentenced to more time at her second calunnia trial).
But the circumstances in which they are walking around may come to look very odd. The Supreme Court actually can be sued now for an inexplicable outcome, and made to take another look.
The President of the Italian Republic (who is the ultimate head of the justice system) can be petitioned to step in. Political parties like Beppe Grillo’s astonishingly popular Five Star Movement (said to be already snooping) have a lot of power to make things come unstuck. .
So, in the months and even years ahead, this is clearly going to be a long game, with legitimacy as the ultimate prize. Sorry, Sollecito and Knox, but it aint over till the fat lady sings.​

 

[TruthCalls]

Why is it, 'fantastic'?

Is either of Raff or Gumby going to give you a 'cut' of their book earnings? Or even deign to give you a word of thanks for all your fervent campaigning on their behalf?

What's that you say?

The silence is deafening.

Fantastic because this case represents the absolute worst in Italy's judicial system and his book is one of many to expose those flaws. I would expect this ruling might pave the way to have the book published in Italy, which would be fantastic. It's fantastic that Italy's screwed up system won't be causing either of them harm merely for writing the truth. Fantastic because it exposes Mignini and his frivolous, merit-less lawsuits.

And, I suppose, fantastic because it's something more to rub in the face of the PGP and because it's sure to generate more delusional, albeit entertaining commentary from the PGP.

"The silence is deafening" ??? What silence?

 

[Numbers]

Here is a fuller description of the outcome of this important side-show trial.


Raffaele Sollecito assolto da vilipendio polizia per libro sull’omicidio di Meredith Kercher
‘Honor bound, il mio viaggio all’inferno e ritorno con Amanda Knox’ è stato pubblicato solo negli Stati Uniti

Sollecito, assolto anche dall’accusa di vilipendio. Il giudice unico di Firenze ha assolto oggi Raffaele Sollecito «perché il fatto non sussiste». IL giovane pugliese era stato rinviato a giudizio per vilipendio delle forze di polizia in relazione ad alcuni passaggi del libro ‘Honor bound, il mio viaggio all’inferno e ritorno con Amanda Knox’, pubblicato negli Stati Uniti.

Stessa sentenza per lo scrittore americano Andrew Gumbel, co-autore del volume. Sollecito era anche accusato di diffamazione nei confronti del magistrato perugino Giuliano Mignini che ha però rimesso la querela. Il procedimento a carico dell’ingegnere pugliese si è quindi chiuso anche per questo capo d’imputazione. A querelare Sollecito è stato proprio il l magistrato ritenuto diffamato da una serie di passaggi del libro nel quale Sollecito ricostruisce la sua vicenda giudiziaria legata all’omicidio di Meredith Kercher. “Con questo libro – ha detto l’avvocato Brizioli -, Raffaele ha voluto dire la sua verità. Abbiamo dimostrato ancora una volta l’innocenza di Raffaele Sollecito”.

Gumbel e Sollecito sono stati difesi dagli avvocati Francesca Bacecci e Alfredo Brizioli. «Si è chiusa – ha detto Brizioli – un’altra pagina legata alla dolorosa vicenda dell’omicidio di Meredith Kercher e Raffaele è stato ancora dichiarato estraneo ai fatti». Sollecito e la Knox sono stati infatti definitivamente assolti per l’omicidio Kercher. Nel libro, scritto in inglese e mai uscito in Italia, Sollecito ha proposto una sua ricostruzione della vicenda giudiziaria legata all’omicidio della studentessa inglese. Mignini, che aveva coordinato le indagini sul delitto, aveva però sporto querela sentendosi diffamato da alcuni passaggi.

Nel corso del procedimento era stata sequestrata la sola copia del volume presente in Italia, quella regalata da Sollecito a un docente universitario che lo aveva seguito nella laurea. Al termine del processo il giudice di Firenze ha disposto la revoca di quel provvedimento.

In “Honor Bound”, i passaggi contestati furono quelli relativi ad un riferimento a due avvocati perugini (ma non è dato sapere i loro nomi), i quali avrebbero fatto intendere alla famiglia dello studente pugliese che per ottenere una condanna più blanda sarebbe bastato confessare un ruolo minore nell’omicidio della studentessa, aggravando però le responsabilità di Amanda Knox.

Google translation with my assistance:

Raffaele Sollecito was acquitted of criminal defamation {insult; contempt} of the police for Meredith Kercher's murder book 'Honor bound, my trip to hell and return with Amanda Knox' was only released in the United States

Sollecito has been acquitted of the accusation of criminal defamation. The single-judge court in Florence has today acquitted Raffaele Sollecito "because the fact does not exist". The young Pugliese had been remanded for trial for criminal defamation of the police in connection with some passages of the book 'Honor bound, my trip to hell and return with Amanda Knox', published in the United States. The same verdict [of acquittal] was pronounced for American writer Andrew Gumbel, co-author of the volume. Sollecito was also accused of defamation against the magistrate of Perugia Giuliano Mignini who had lodged a lawsuit {filed a complaint}. The proceedings of the Puglia engineer were therefore also ended for this complaint. A lawsuit againt Sollicito was brought by this magistrate who considered himself to be defamed by a series of passages in the book in which Sollecito reconstructs the legal proceedings related to the murder of Meredith Kercher. "With this book - said lawyer Brizioli - Raffaele wanted to tell the truth. We have once again demonstrated Raffaele Sollecito's innocence."

Gumbel and Sollecito were defended by lawyers Francesca Bacecci and Alfredo Brizioli. "It was closed," said Brizioli, "another page related to the painful affair of Meredith Kercher's murder and Raffaele has still [again] been declared not involved in the crime {"alien to the facts"}." Sollecito and Knox have been definitively acquitted of Kercher's murder. In the book, written in English and never released in Italy, Sollecito has proposed a reconstruction of the court case related to the murder of the English student. Mignini, who had coordinated criminal investigations, had, however, lodged a complaint, feeling defamed by some passages.

During the proceedings, the only copy of the volume in Italy was seized, the one given by Sollecito to a university professor who had supervised him in obtaining his degree. At the end of the trial, the court of Florence ordered the revocation of the measure {of the seizure of the book; that is, it was returned to the professor}.

In Honor Bound, the passages contested were those relating to a reference to two Perugia lawyers (their names were not known), who suggested to Sollecito's family that he would be given a lenient sentence if he would confess a minor role in Kercher's murder, thus increasing the criminal responsibility attributable to Amanda Knox.

 

[toto]

I quoted media way back in July which mentioned the parties were negotiating a settlement.

Hence, the confirmation today, that it appears to have been settled.

The thing about settlements, is that they usually contain 'gagging clauses', which means both parties agree not to discuss it further, nor even to state that a settlement exists.

If you believe the Guilt site there will be a "statement publishable" where S and G admit their errors. (Slightly odd wording - capable of being published or actually going to be published? You would have thought that such a statement would be published, like, today.)

 

[toto]

'The fact does not exist' is the standard wording on a case being dismissed AIUI.

Yes, I wouldn't worry too much about that if I were you.

 

[Bill Williams]

'The fact does not exist' is the standard wording on a case being dismissed AIUI.

To the guilt-PR campaign, words lose their meaning.

Usually the words, "the fact does not exist" mean "the fact does not exist".

Through the guilt-PR lens, "the fact does not exist" means, "next week Sollecito and Gumbel will admit to libelling Mignini."

How could we have missed that?

 

[Methos]

Thanks for this. I was wondering what had happened to this case. Is this the last of the outstanding legal issues (apart from any compensation appeal and any ECHR rulings)? A good piece of justice and PR for RS after his disappointing compensation case.

IIRC the defamation charge against Knox's parents is still active, despite Knox being herself acquitted on essentially the same charge.

I think toto is right on this point. What's left is the ECHR. Everything in Italy should be settled by now...

If the statute of limitation for Diffamazione (Art. 595 C.P.) is six years, as PQ over on TJMK suggests, and Mr Knox and Mrs Mellas were charged in 2009 for an interview they gave in 2008... well, I guess even the ones here not members of Mensa are able to do the math...

Anyone bothered by the upcoming wave of lawsuits against Amanda Knox and her book "Waiting to Be Heard" promised by PQ over on TJMK should take a closer look at Art. 124 C.P.P.... That ship has sailed a long long time ago [in a galaxy far away]

 

[toto]

It augurs badly for Knox and the ghostwriter Kulman (_sp?) as they ,too, will have to settle with Mignini out of court or go through a trial.

Given the book is riddled with whoppers, there is no way Kulman, at least, will want to risk it, nor HarperCollins.

Genuine question: is AK's book under any criminal or civil lawsuit in Italy?

(notwithstanding Numbers' helpful post)

 

[TruthCalls]

As Mama Cass famously said, 'the darkest hour is just before dawn'.

Pardon me if I don't hold my breath waiting for the hammer to drop....

 

[Stacyhs]

'The fact does not exist' is the standard wording on a case being dismissed AIUI.

I don't have time to look it up now, but I seem to remember that when Knox was acquitted of slandering the police, the MR used the same term: the fact does not exist. If so, this would refute your claim. I'm sure someone here can look up the MR before I can do so in a few hours.

 

[Numbers]

I think toto is right on this point. What's left is the ECHR. Everything in Italy should be settled by now...

If the statute of limitation for Diffamazione (Art. 595 C.P.) is six years, as PQ over on TJMK suggests, and Mr Knox and Mrs Mellas were charged in 2009 for an interview they gave in 2008... well, I guess even the ones here not members of Mensa are able to to the math...

Anyone bothered by the upcoming wave of lawsuits against Amanda Knox and her book "Waiting to Be Heard" promised by PQ over on TJMK should take a closer look at Art. 124 C.P.P.... That ship has sailed a long long time ago [in a galaxy far away]

I will keep your typo. You meant Article 124 C.P. (criminal code).

English translation by Google:

Art. 124 - Deadline for filing a lawsuit. waiver
Unless the law otherwise provides, the right to sue can not be exercised, three months after the news of the fact that the offense is committed.
The right to sue can not be exercised if it is expressly or tacitly waived by the person to whom the exercise is to be exercised.
There is tacitly renunciation, when anyone who has the power to file a lawsuit has done things incompatible with the will to quell.
The waiver extends right to all those who committed the offense.

 

[Numbers]

Genuine question: is AK's book under any criminal or civil lawsuit in Italy?

(notwithstanding Numbers' helpful post)

See Methos' helpful post about CP (Ciminal Code) Article 124.

I posted a Google translation to English.

 

[TruthCalls]

It augurs badly for Knox and the ghostwriter Kulman (_sp?) as they ,too, will have to settle with Mignini out of court or go through a trial.

Given the book is riddled with whoppers, there is no way Kulman, at least, will want to risk it, nor HarperCollins.

Only from a PGP's perspective, but since the PGP's perspective on this case is distorted beyond all recognition, I'd say that's not a concern Amanda or Kulman need worry about. In fact, having the charges against Raffaele and Gumbel thrown out is great news for them. With any luck Amanda and Raffaele's books will both be gracing Italy's bookstore shelves, further exposing Italians to what really took place with this case. How totally depressing for the PGP.

 

[toto]

See Methos' helpful post about CP (Ciminal Code) Article 124.

I posted a Google translation to English.

Yes, Methos, sorry . (though Numbers is very helpful too!)

 

[Numbers]

It's again hilarious to see the PGP post about events in their alternate universe.

However, the next event in this universe for this case will most likely be the ECHR judgment for Knox v. Italy. That could happen as soon as 2018, if not sooner.

The ECHR is (slowly) resolving its noteworthy pending cases against Italy, listed in the Country Profile for Italy. Judgments for the following cases will be issued tomorrow, 26 Oct 2017:

Azzolina and Others v. Italy (nos. 28923/09 and 67599/10)
Blair and Others v. Italy (nos. 1442/14, 21319/14, and 21911/14)

Cirino and Renne v. Italy (nos. 2539/13 and 4705/13)

 

[TruthCalls]

I quoted media way back in July which mentioned the parties were negotiating a settlement.

Hence, the confirmation today, that it appears to have been settled.

The thing about settlements, is that they usually contain 'gagging clauses', which means both parties agree not to discuss it further, nor even to state that a settlement exists.

And everyone else is quoting the media today that the case was dismissed, thrown out.. that Raffaele and Gumbel were acquitted.

This is fanciful, even by your standards. So now you're trying to claim a settlement between parties was made but we'll never know that because of a gag clause? Sorry to burst your bubble but a gag order would prevent either side from discussing specifics of a settlement, it would not prevent the court from announcing a settlement was reached.

 

[Methos]

I will keep your typo. You meant Article 124 C.P. (criminal code).

English translation by Google:

Art. 124 - Deadline for filing a lawsuit. waiver
Unless the law otherwise provides, the right to sue can not be exercised, three months after the news of the fact that the offense is committed.
The right to sue can not be exercised if it is expressly or tacitly waived by the person to whom the exercise is to be exercised.
There is tacitly renunciation, when anyone who has the power to file a lawsuit has done things incompatible with the will to quell.
The waiver extends right to all those who committed the offense.

Yep, my bad, wrong lawbook

The point is that a "Diffamazione" charge in Italy can only be brought forward by the offended party filing a "Querela", the deadline for filing a querela is "three months from the time the offended becomes aware that he/she is offended"...

Where does that leave us when it comes to "Waiting to Be Heard"?

Anyone wanting to file a claim of being defamed by it now, would have to convince the judges that he or she has been living under a rock or has been in a coma or something like that and therefore having no knowledge about the book, to successfully beat the entry clause of Art. 124 C.P.
As I wrote, that ship has sailed...

 

[Numbers]

Only from a PGP's perspective, but since the PGP's perspective on this case is distorted beyond all recognition, I'd say that's not a concern Amanda or Kulman need worry about. In fact, having the charges against Raffaele and Gumbel thrown out is great news for them. With any luck Amanda and Raffaele's books will both be gracing Italy's bookstore shelves, further exposing Italians to what really took place with this case. How totally depressing for the PGP.

Since Knox's book AFAIK has never officially been available in Italy, it may be that the timeline for CP Art. 124 would only begin with its official introduction into the country.

As the longer news article explained, Sollecito's book was considered introduced into Italy when he gave one copy to his professor. This allowed the criminal defamation case and lawsuit to be launched against him and Gumbel.

We don't really know why "the facts do not exist" to justify the acquittal, and eventually (within 90 days, legally or nominally) a motivation report will be published. It could be that the judge found that Honor Bound had not been truly introduced into Italy, or it could be that the statements in the book that were in question did not legally constitute defamation. Perhaps there was evidence that they reflected actual happenings, or even the reasonable perception of actual happenings, which would be an adequate defense.

At any rate, it seems clear that the case has resulted in an acquittal, not some other type of dismissal. I am not sure if it can or will be appealed, or whether the time limit (statute of limitations) has passed.

Thus, because of the issue of "introduction" of allegedly defamatory material, Waiting to be Heard might not be officially available in Italy for some time, because the publisher may be cautious. Knox would not be liable, I believe, because she has been finally and definitively acquitted of calunnia against the police and Mignini.