I've been suspecting that what you say is the case, although I have not commented on it, due to the lack of a "legitimate" (meaning unbiased) translation.
I won't be upset one way or another, because my expectations for this verdict have always been low. It was evident a long time ago that the best that could be hoped for was a face saving acquittal.
But the idea, as some want us to believe, that the court is saying that it is proven that Amanda and Raffaele were at the cottage at the time of the murder, but they can't prove they actually DID the murder, doesn't make sense, even based on previous nonsensical Italian ISC verdict history.
- It can make some sense for the court to say, "we are not sure what happened, and even based on (XYZ thing that makes Knox and RS look guilty), we don't have enough to convict.
- It can make some sense for them to say, "It is possible that they were there at the time, but the evidence available does not allow us to confirm it".
- But it doesn't make any sense to say, "We can confirm they were there at the time of the murder, but we can't convict because there is not exact evidence they were in the room at the time". If they agree BARD that they were in the cottage at the time, even in absense of proof they were in the room, I think they would have convicted.
I am quite sure there are numerous nuances that are being missed, either accidentally or on purpose, mostly by the PG community.
I think this is exactly what they did say, based on dropping the report into google translate. I'm bumping up my previous post on this issue, in hopes Mach will chime in:
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Ok Mach, let's try to handle your misinterpretation of the Marasca report one at a time.
Marasca did not hold that Amanda and/or Raf were in the house at the time of the crime.
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Quote (Mach):
"And yet, as I said, the report also states that Knox's presence at the murder is a proven fact and that it's certain. It states that both before and after the statement about "tranquillizing certainty"; it even explains at length in support of their certainty.
I realize this is crazy and inconsistent. But so is the verdict."
CJ72: Well Mach, I believe you have misread the Marasca report on this point. Let's look at the actual quote on the bottom of page 46:
From Marasca, p.46 -
"Elements of strong suspicion reconnect even, dry inconsistencies and to falsehood in which the accused and incurred in the various statements made, especially in so far as his story appeared contradicted by phone records showing a different origin of SMS; by witness statements by Antonio Curatolo, regarding the presence of the same in the square Grimana Knox, Sollecito in the company of, and Mario Quintavalle, related alia its presence in the supermarket in the morning the day after the murder, perhaps to purchase detergents . Nevertheless, the profiles of intrinsic contradictions and poor reliability of the witnesses, several times as exceptions in the process of merit, not attributing unconditional credit to its versions, is to prove, with certainty tranquilizer, it failed, and then the falsehood, of 'alibi offered by the accused, who claimed to have been in the home of her boyfriend in the late afternoon of 1 November until the morning of the next day. Curatolo (enigmatic character: homeless, drug addict and drug dealer)
47..."
Marasca wrote that while there may be "strong suspicion" that Amanda and Raf were at the house, strong suspicions are not enough to overcome the principle of proof beyond reasonable doubt. Marasca , in the paragraph above, expressly states that the alibi of Amanda and Raf, that they never left Raf's apartment that entire night, may well be entirely true. Their alibi has not been proven to be false. The statements you are pointing to, is the Marasca court making the best argument available in favor of guilt, before showing those arguments to be insufficient on the merits. This is another example of your selective reading, or should we say misreading, of plain straightforward language.
Marasca has said strong suspicions are not enough. Perhaps that's what you really disagree with?
Ok Mach, did you see it there? The prosecution did NOT PROVE the defendants alibi was false, as they must do. That's what Marasca wrote, not your biased misrepresentation.
Do we agree on this point?