Sunday, September 24, 2023
Knox’s Misleading Petition To The Supreme Court
Posted by James Raper
Dalla Vedova also wrote untruthful Knox ECHR petition
1. Setting The Record Straight
With reference to this MailOnline article and numerous Italian reports (see one translation below) on Knox’s attempt to have Italy quash her calunnia conviction.
It should be borne in mind that the conviction was:
1. Rendered definitive by the 1st Chambers of the Supreme Court following an appeal by Knox on the issue
2. Effectively confirmed as definitive by the 5th Chambers of the Supreme Court
3. The 5th Chambers also poo-poo’d any attempt by the ECHR to interefere with the conviction whatever decision the ECHR came to.
4. The ECHR, in it’s ruling, did not in any event request the Italian justice system to review the safety of the conviction
5. The 5th Chambers also held, as a fact, that Knox was present in the cottage when Meredith was murdered. Accordingly she was perfectly well aware that Lumumba was not there and thus innocent.
There is an argument for saying that with a lawyer present she probably would not have made the accusation incriminating Lumumba.
That rather depends on what we cannot know, but it is hardly an excuse since she did (though there was no justifiable reason as to why she should, and she knew she was lying when she did.
The argument being used is like saying “Well I would not have shot him if there had been someone there to stop me”. Hardly an adequate defence.
I suspect that the hearing to which the MailOnline refers is really for leave to appeal - the route Guede took when challenging his definitive conviction, only to be denied leave.
Again Knox is drumming up interest so that she can continue with another round of grift and money making appearances.
But again - as always with the Italian Justice system - it is a question of watch this space.
2. Italian media report
Translation from Italian News Service TGCOM:
Meredith Kercher Case: Amanda Knox asks to cancel her sentence for slander against Lumumba
Appeal to Cassation of the American for the three years of imprisonment on the basis of one of the articles introduced by the Cartobia reform. Congolese opposes “out of respect for truth and justice”
Amanda Knox is asking that the definitive sentence of three years of imprisonment arrived for slander against Patrick Lumumba and linked to the trial for the murder of Meredith Kercher (for which she and Raffaele Sollecito were aquitted) be canceled.
She is doing this with an appeal to the Court of Cassation on the basis of one of the articles introduced by the Cartobia reform and after the European Court of Human Rights recognized the violation of her defense rights during the investigation.
However, Patrick Lumumba, the Congolese owner of the former pub Le Chic of Perugia, who was accused by the girl from Seattle and unjustly arrested for the murder, is opposed to the application. His motivation: “No to the cancellation of the sentence out of respect for truth and justice”.
Acquitted for the crime of Meredith Kercher but condemned for slander towards Patrick Lumumba, Amanda Knox presented the application in the Court of Cassation through the lawyers Carlo Dalla Vedova, her historical lawyer, and Luca Luparia Donati.
The appeal will be examined, in the council chamber and in non-participatory form [only lawyers present] at the beginning of October by the Fifth Chambers of Cassation. The appeal is accordingly opposed by Lumumba, represented by the lawyer Carlo Pacelli, “out of respect for truth and justice”.
This court may reject the American appeal, revoke the sentence of conviction for slander, or order a renewal of the trial, which in that case would be held in Perugia.
However, the possibility of a new trial is deemed very remote by Knox’s lawyers on the basis of the sentence of Cassation which acquitted her of the murder charge.
A possible cancellation of the conviction for slander would not however open the way to a request for compensation for unjust detention by Knox, since the terms have expired, though she could still make a request for damages.
Patrick Lumumba opposes the request of Amanda Knox to cancel the sentence against her slander towards him “out of respect for truth and justice”.
“Especially in the memory of Meredith Kercher” Patrick underlined with his lawyer, the lawyer Carlo Pacelli who will also represent him in the Court of Cassation. “Lumumba immediately became a civil party against Knox and that remains party to every procedural act” added the lawyer.
Lumumba was arrested for the murder of Meredith Kercher accomplished in Perugia in November 2007 based on Knox’s initial statements, but after 14 days in the cell he was released, because he was totally recognized as foreign to that crime and immediately acquitted.
Amanda Knox will not be in Italy for the hearing of the Cassation which will examine her request to cancel the sentence suffered for slander to Patrick Lumumba. “The procedure will be in the council chamber and without the parties. And also Amanda is awaiting a second child ...” explained the lawyer Carlo Dalla Vedova, her defender from the initial stages of the investigation for murder. A charge from which she was definitively acquitted [actually, untrue].
It was Knox herself who asked to present the application to cancel the sentence of conviction. “She has always considered the accusation of slander unjust because she believes she had not committed that crime”.
Posted by James Raper on 09/24/23 at 09:18 AM in Hoaxes Sollecito etc