LondonJohn
Penultimate Amazing
- Joined
- May 12, 2010
- Messages
- 21,162
I agree that legally, in a rational judicial system in a country that respected the rule of law and human rights, the conviction of Guede, where his sentence was mitigated because the court accepted the allegation that he committed the crime with others, cannot be affected by the acquittal of two individuals, Knox and Sollecito, who were wrongfully accused of being those others.
The issue is the allegation (based on news reports of the lawyer's statement) that Guede is requesting a revision trial based upon a supposed incompatibility between his conviction and the acquittal of Knox and Sollecito. It is clear that the Marasca CSC panel MR, in Section 4.3.1, reiterated that Guede was assisted by others - as stated in the Giordano CSC panel MR. Possibly, Marasca repeated this to avoid the appearance of an incompatibility of facts which might, depending on the vagaries of the Italian judicial system, be interpreted by an Italian court (such as the Nencini court) as being an "incompatibility with the facts" between two final judgments.
I think Marasca's SC panel took great pains to do exactly that: eradicate (or at the very least minimise) the chances of conflicting SC rulings. And his panel was, to that end, effectively "stuck" with the earlier SC ruling that Guede acted with others.
On the same broad topic, I agree with something you wrote in response to another post of mine, in which you lamented that Marasca's SC panel had not properly apportioned criticism for the fiascos and malpractice that littered the risibly-poor trials process of Knox and Sollecito. Again, I strongly believe that the Marasca SC panel deliberately pulled its punches, mostly out of an innate desire for self-protection of the sanctity of the Italian criminal justice system, but partly perhaps because its primary desire was simply to end the nonsense and give Knox and Sollecito full annulments to the extent of its powers and remit. I also happen to think that the Marasca Report gives some coded pointers in respect of Knox's criminal slander conviction - a conviction over which the Marasca SC panel had no jurisdiction, but I think Marasca may be teeing things up for a successful ECHR application.