Vixen
Penultimate Amazing
Well yes and no.
In fact, the real reason (and the proper reason in law and in ethics) why the Marasca SC panel annulled the murder-related convictions and definitively acquitted Knox and Sollecito is this: there was simply insufficient* evidence to prove their guilt beyond all reasonable doubt.
And it's crucial here to expand upon this somewhat. Firstly, the SC ruled - again correctly - that the lower convicting courts had acted unlawfully in the ways in which they'd assessed critical prosecution evidence as reliable and credible (chiefly the forensic evidence, but also important "witness" testimony, chiefly Curatolo, Quintavalle and Capezalli). And secondly, when all this "evidence" was rightfully discounted, the SC further correctly judged that no court could possibly convict Knox or Sollecito. Thirdly, the SC - once again correctly - deemed that there was no reasonable chance that there would ever exist sufficient (credible, reliable) evidence to prove the guilt of Knox and/or Sollecito in any properly-constituted court. Which is precisely why the SC entirely struck out the case.
It's not for the SC to think about things like workable narratives etc (except insomuch as they chime with the actual evidence or not). The SC, and for that matter every lower criminal court as well, should only - and MUST only - consider the question of whether the summation of the evidence, properly weighted, constitutes proof of guilt BARD.
* And again, for the avoidance of pro-guilt-commentator misrepresentation of this word "insufficient", it means - in both law and in ethics - that (in practice) unless the court can determine that the evidence shows certainty of guilt, then the court must acquit. There's literally zero difference (again, in both law and ethics) between the court finding that a) there's just not quite enough evidence of guilt to provide such certainty, and b) there's absolutely no evidence of guilt whatsoever. Exactly the same acquittal applies. And indeed, in the instance of the Marasca acquittals/annulments, the court made it very clear that it considered there to be effectively NO proper (reliable, credible) evidence of guilt, even though it was bound to acquit under "insufficient evidence"-related codes.
Wrong. You cannot appeal against witness testimony (assuming ceteris paribus there was no criminal issue such as witness tampering or intimidation).
Rubbish, it is within the remit of any court to reach the verdict it does as long as it is within the bounds of 'reasonable'. A fair and reasonable court can and did find the pair guilty as charged and this was upheld at appeal. It let the barrister have all the time she needed for maternity leave both before and after the birth. Every witness the parties wanted heard were heard. It could not have been any more fair.
You can only appeal on points of law. If a court finds a witness testimony credible or not credible that is tough titties and there is nothing you can do about it. In addition, press speculation - one of the defective reasons of the Marasca-Bruno Supreme Court - is not unlawful in Italy, thus cannot be a 'point of law'.
The Judge and Jury did find the pair guilty BARD. The final Supreme Court erred in stating there had to be 100% no doubt, reaching the defective conclusion that although it was 100% certain Knox was present during the murder and washed off the victim's blood, it still wasn't 100% proven she actually killed her.
If it had a problem with the facts found by the merits court it should have sent it back as its sole purpose is to look at points of law, not the evidence or facts themselves. Bearing in mind you cannot appeal against these.
A court cannot make findings that have not been pleaded.
