This comes from the blog perugia-shock:
“Here I have to remind how is the situation for non-repeatable tests under the legal point of view, and this may be surprising.
A non-repeatable test is valid only when the parties are present. This DNA test is valid, it has been acquired, because it was done at the presence of the parties, as the law requires. But what does it mean the parties to be present? It means that the one who makes the test notifies the parties that the test will be done. Then, if they show up or not, under the legal point of view they were present anyway, because they were notified to.”
“The parties did send their experts for the most important tests, about crime scene stuff. But they certainly couldn’t live in that lab, and they wouldn’t go for stuff seized atRaffaele’s place. It seems, indeed, that only a civil party consultant was actually present for that particular test. And, as we know, in this trial saying civil party is like saying prosecution.
Here we have an example of difference between actual truth and legal truth. The representatives of Knox and Sollecito weren’t there. But for the trial they were there, the test was done at their presence”