In conclusion, the ruling under appeal must be annulled due to the multiple shortcomings, contradictions and clear failures of logic indicated above. The new judge will therefore have to remedy the argumentative aspects subject to criticism, in his or her broadest powers of assessment, carrying out a global and uniform examination of the circumstantial evidence, an examination by means of which it will have to be determined whether the relative ambiguity of each pieces of evidence can be resolved, since in the overall assessment each piece of evidence is to be added to and integrated with the others. The outcome of such an osmotic assessment will be decisive, not only to demonstrate the presence of the two defendants at the crime scene, but to possibly delineate the subjective positions of those who acted with Guede, before the range of situations which might be hypothesized, from a genetic agreement on the death option, to the modification of a plan which originally envisioned only the involvement of the young Englishwoman in an unwanted sexual game, to solely forcing her into an extreme, group-led erotic game which exploded, going out of control.
The defendant KNOX, whose appeal has been rejected, is ordered to pay the costs of the proceedings and to reimburse the costs incurred in the current court by Diya LUMUMBA, which taking into account the number and the importance of the issues dealt with, the type and extent of the defensive services, having regard to the legal fees (Section One 14/07/2011, no. 410288) can be settled as 4000 euros, plus general costs, IVA and CPA.
In the case of a possible conviction, the new judge will provide for the settlement in favour of the civil parties in the murder proceedings (the Kercher family), as well as for the current court.
For These Reasons
The ruling under appeal is annulled, limited to the crimes relating to charges A (into which charge C is incorporated), B, D, E and the aggravating circumstances relating to article 61, no. 2, c.p. disputed in relation to charge F, and returned to the Florence Appeal Court of Assizes for a new ruling.
The appeal of Amanda Marie KNOX is rejected, who is ordered to pay the costs of the proceedings, as well as to reimburse the costs incurred in the present court by the civil part Diya LUMUMBA, settled in the sum of 400 euros, as well as general costs, IVA and CPA as provided for by law.
So decided in Rome, on 25th March 2013.