Originally Posted by Stacyhs
As Vixen constantly reminds us, Cassazione is not there to rule on the facts of the case. Yet then Vixen turns 180 degrees to claim that, "Cassazione found that X was factual."
What the 2015 Supreme Court did (as it outlined in Section 9.4 of its report) was summarize evidence as both sides, prosecution and defence, submitted it.
It then ruled that even if all of it had been true, none of it approached the unassailable reality that no forensics of either RS or AK were present in the victim's room.
Therefore even if all the factoids (my word) had been true, the Nencini court should have acquitted.
Yet Vixen returns back 180 degrees.... to present the prosecution summary as if it was the only conclusion that Cassazione had arrived at.
And.... as noted upthread, this still does not make judicial facts as fact-facts. The 2015 report had been written with the calunnia conviction as a judicial fact. We've just learned this month, that the ECHR has ruled that the calunnia conviction was based on rights being denied, therefore the conviction should be remedied by the member state.
The calunnia conviction is no longer a fact-fact. It would have been interesting to see how the Italian Supreme Court would have written its report which had exonerated the pair, itself being freed from the calunnia being a judicial fact.