When you convict somebody of a crime, you have to be certain beyond a reasonable doubt. The same is not the case when arguing for innocence.
You doing convict somebody of a crime when maybe there is someway they they might be involved.
The evidence is that Amanda and Raffale are innocent. Maybe there is some wiggle room to find that they could be involved. You don't convict based on convict on "could" if you have a fair justice system.
I cannot remember if it has been posted here, but in Sept 2013 Carla Vecchiotti (yes THAT Carla Vecchiotti) said this very thing - in Italy it is beyond a reasonable doubt that operates.
Vecciotti, through its overturning of Hellmann's acquittals, was the source of criticism 6 months prior to her piece below for refusing to test sample 36i, and not asking Hellmann's permission first. Hellmann's acquittals, in part, were overturned by the ISC in March 2013 for Hellmann allowing the techie to make this decision unchallenged.
So, Nencini's court tested it. It belonged to Amanda.
Yet Vecchiotti's criticism still stands.
It is also clear that the weight of the evidence is a fundamental issue (Gill and Buckleton, 2010), as widespread public opinion holds that if DNA found on the crime scene matches the suspect, then he must be guilty of the crime. This logically wrong understanding unfortunately also extends to a considerable number of scientists, judges, and lawyers. In fact, there is a perception that failure to convict implies a failure of science.
But back on track. Vecchiotti makes an observation about what is really important in this case. Presumption of innocence. Vecchiotti is saying here that Knox and Sollecito were convicted (in 2009) on evidence that was weak, ambiguous (from a scientific standpoint) and inconsistent.
Finally, it is worth recalling a key principle of the Italian criminal justice system, the presumption of innocence: a defendant can only be declared guilty if the prosecution proves beyond any reasonable doubt that he committed the crimes for which he is being prosecuted. If a single doubt remains, even the slightest, the defendant must be acquitted. Judges who convict in the absence of strong, unambiguous and consistent evidence violate the law (Grosso, 2011).
One final thing. I heard a family member of one of the lost Malaysian Airline #370 passengers complain about the release of technical information from the airline, and why they continue to feel shafted and ignored.
She said that they'd received summaries, only, of technical data including summaries of airtraffic control conversations.
She conclused by saying something familiar to the Conti-Vecchiotti report, and the crtisicim od Patrizia Stefanoni who also withheld things.... with Massei's permission, and despite Hellmann's demands.
The MH370 family member said:
Without actual transcripts of airtraffic control conversations, as well as raw data from technical files, we continue to be purposely held in the dark as to what happened.
In this case, Italy continues to defy international protocol. Why?