thedrifter
12-03-06, 07:26 AM
Subic rape case verdict seen having impact beyond RP court
By Tarra Quismundo
Inquirer
Posted date: December 03, 2006
MANILA--Makati Regional Trial Court Judge Benjamin Pozon of Branch 139 will hand down a verdict on Monday (Dec. 4) on four US Marines accused of rape by Filipino woman "Nicole," ending a year of sensational hearings that, any which way it will go -- guilty or not guilty -- will have political and diplomatic reverberations beyond the courtroom.
Many view it as a test to the long-standing ties between the country and the United States.
With heavy security watching over protest actions around the hearing venue Monday afternoon, the media-shy judge will render a decision he took almost two months to make: Were four American Marines guilty or not guilty of conspiring to rape complainant "Nicole" inside a moving van before midnight on Nov. 1, 2005?
On the line is the fate of five young people, the Filipino complainant and four US soldiers, all on a holiday on the night of the incident but who woke up the next day at the center of a case that militants and women's groups have come to regard as a symbol of American arrogance over a former colony.
"We presented witnesses who saw what happened prior to and after the actual rape, which corroborated the testimony of Nicole. For me, that is a basis to say that we've established our case beyond reasonable doubt. I hope the judge will apply that and render a judgment of conviction," said Evalyn Ursua, the complainant's private lawyer.
As expected, the defense believes it will win an acquittal.
"It was consensual sex and there was no rape. We have presented a good defense and we are hoping for an acquittal of course," said defense lawyer Benjamin Formoso.
The highly watched case has captured local and international attention since "Nicole"--a pseudonym--lodged her complaint against Lance Cpls. Daniel Smith, Keith Silkwood, Dominic Duplantis and Staff Sgt. Chad Carpentier, all of the 31st Marine Expeditionary Force stationed in Okinawa, Japan.
The 23-year-old complainant, a management accounting graduate from Zamboanga City, accused Smith of raping her while she was dead drunk at the back of a Starex van during a short ride inside Subic Bay Freeport before midnight on Nov. 1 last year, while his three comrades cheered on.
Smith, 20 at the time of the incident, however said he and Nicole, then 22, had consensual sex inside the van, and that the complainant was coherent throughout the time they were together. His co-accused denied abetting any crime inside the van and supported Smith's testimony that Nicole was a willing partner.
In the end, 54-year-old Pozon, a University of the East law graduate, will hand down the decision made difficult by its repercussions outside the court room. The judge, formerly of the Taguig Metropolitan Trial Court before joining the Makati RTC in December 2003, earlier postponed his judgment on Nov. 27 to be able to study the "voluminous" court records in the case.
Pozon held marathon hearings from June to October l to deliver a verdict before the mandatory one-year trial lapses under the Visiting Forces Agreement (VFA).
The RP-US treaty stipulated that Philippine courts must render a decision on cases against American servicemen within a year or else lose the authority to compel them to appear in court. While Philippine and US authorities differed in interpreting the treaty, the VFA kept the accused under US custody throughout the four-month trial.
Pozon’s decision -- guilty or not guilty -- would certainly not end the drama on Monday, Ursua said.
If the four Marines are convicted, the US would file an appeal and the issue of who should have custody of the convicted would resurface, said Ursua. Justice Secretary Raul Gonzalez had said the Marines would stay under US custody "during the period of appeal and until the end of judicial proceedings."
"The case of Nicole illustrates the fraud that was perpetuated on us by the VFA. The language of the VFA is very ambiguous, and whatever happens to the case, there must be a discussion on what to do with the treaty. We sold out to them (the US)... we surrendered our sovereignty," said Ursua.
Formoso said the Philippine and US governments must discuss the issue of custody if, "God forbid," the accused were convicted.
Still, he said: "We've done our best to defend our clients."
Ursua said a conviction would help Nicole recover from the trauma she had endured.
"It will be easier for her to move on... For every rape survivor, a conviction is a critical step in healing and recovery," Ursua said.
What if the decision went the other way? "An acquittal will be devastating emotionally, mentally, psychologically and financially. What she has invested in this case is no joke. She and her family has lost income simply attending to the case," said Ursua.
Ursua warned that clearing the accused "will set a precedent for future cases."
"If Americans again rape a Filipina anywhere, what do you think will be the attitude of the victim? They will say ‘Remember Nicole? How she failed in proving her case and how she was pilloried in public?’" said Ursua.
Nicole's supporters, among whom are militant women's groups, have vowed to stage rallies if there should be an acquittal.
The defense is focused on the verdict and not on its collateral damage. "As long as the rule of law is applied, there will be no problem," Formoso said.
Militant groups are expected to troop to the old Makati City Hall to rally behind Nicole.
Supt. Gilbert Cruz, Makati City police chief, said 200 policemen would secure the premises.
"Police officers from the station and augmentation from NCRPO (National Capital Regional Police Office) will be deployed. We are expecting many protesters to come and that's OK so long as they have permits and they will not disrupt traffic flow," Cruz said.
Makati's Special Weapons and Tactics team will serve as close-in security for the accused. Police officers will also be designated to secure Nicole.
At 5:30 p.m. Sunday, Nicole's supporters began a 24-hour vigil in front of the hearing venue.
Ellie
By Tarra Quismundo
Inquirer
Posted date: December 03, 2006
MANILA--Makati Regional Trial Court Judge Benjamin Pozon of Branch 139 will hand down a verdict on Monday (Dec. 4) on four US Marines accused of rape by Filipino woman "Nicole," ending a year of sensational hearings that, any which way it will go -- guilty or not guilty -- will have political and diplomatic reverberations beyond the courtroom.
Many view it as a test to the long-standing ties between the country and the United States.
With heavy security watching over protest actions around the hearing venue Monday afternoon, the media-shy judge will render a decision he took almost two months to make: Were four American Marines guilty or not guilty of conspiring to rape complainant "Nicole" inside a moving van before midnight on Nov. 1, 2005?
On the line is the fate of five young people, the Filipino complainant and four US soldiers, all on a holiday on the night of the incident but who woke up the next day at the center of a case that militants and women's groups have come to regard as a symbol of American arrogance over a former colony.
"We presented witnesses who saw what happened prior to and after the actual rape, which corroborated the testimony of Nicole. For me, that is a basis to say that we've established our case beyond reasonable doubt. I hope the judge will apply that and render a judgment of conviction," said Evalyn Ursua, the complainant's private lawyer.
As expected, the defense believes it will win an acquittal.
"It was consensual sex and there was no rape. We have presented a good defense and we are hoping for an acquittal of course," said defense lawyer Benjamin Formoso.
The highly watched case has captured local and international attention since "Nicole"--a pseudonym--lodged her complaint against Lance Cpls. Daniel Smith, Keith Silkwood, Dominic Duplantis and Staff Sgt. Chad Carpentier, all of the 31st Marine Expeditionary Force stationed in Okinawa, Japan.
The 23-year-old complainant, a management accounting graduate from Zamboanga City, accused Smith of raping her while she was dead drunk at the back of a Starex van during a short ride inside Subic Bay Freeport before midnight on Nov. 1 last year, while his three comrades cheered on.
Smith, 20 at the time of the incident, however said he and Nicole, then 22, had consensual sex inside the van, and that the complainant was coherent throughout the time they were together. His co-accused denied abetting any crime inside the van and supported Smith's testimony that Nicole was a willing partner.
In the end, 54-year-old Pozon, a University of the East law graduate, will hand down the decision made difficult by its repercussions outside the court room. The judge, formerly of the Taguig Metropolitan Trial Court before joining the Makati RTC in December 2003, earlier postponed his judgment on Nov. 27 to be able to study the "voluminous" court records in the case.
Pozon held marathon hearings from June to October l to deliver a verdict before the mandatory one-year trial lapses under the Visiting Forces Agreement (VFA).
The RP-US treaty stipulated that Philippine courts must render a decision on cases against American servicemen within a year or else lose the authority to compel them to appear in court. While Philippine and US authorities differed in interpreting the treaty, the VFA kept the accused under US custody throughout the four-month trial.
Pozon’s decision -- guilty or not guilty -- would certainly not end the drama on Monday, Ursua said.
If the four Marines are convicted, the US would file an appeal and the issue of who should have custody of the convicted would resurface, said Ursua. Justice Secretary Raul Gonzalez had said the Marines would stay under US custody "during the period of appeal and until the end of judicial proceedings."
"The case of Nicole illustrates the fraud that was perpetuated on us by the VFA. The language of the VFA is very ambiguous, and whatever happens to the case, there must be a discussion on what to do with the treaty. We sold out to them (the US)... we surrendered our sovereignty," said Ursua.
Formoso said the Philippine and US governments must discuss the issue of custody if, "God forbid," the accused were convicted.
Still, he said: "We've done our best to defend our clients."
Ursua said a conviction would help Nicole recover from the trauma she had endured.
"It will be easier for her to move on... For every rape survivor, a conviction is a critical step in healing and recovery," Ursua said.
What if the decision went the other way? "An acquittal will be devastating emotionally, mentally, psychologically and financially. What she has invested in this case is no joke. She and her family has lost income simply attending to the case," said Ursua.
Ursua warned that clearing the accused "will set a precedent for future cases."
"If Americans again rape a Filipina anywhere, what do you think will be the attitude of the victim? They will say ‘Remember Nicole? How she failed in proving her case and how she was pilloried in public?’" said Ursua.
Nicole's supporters, among whom are militant women's groups, have vowed to stage rallies if there should be an acquittal.
The defense is focused on the verdict and not on its collateral damage. "As long as the rule of law is applied, there will be no problem," Formoso said.
Militant groups are expected to troop to the old Makati City Hall to rally behind Nicole.
Supt. Gilbert Cruz, Makati City police chief, said 200 policemen would secure the premises.
"Police officers from the station and augmentation from NCRPO (National Capital Regional Police Office) will be deployed. We are expecting many protesters to come and that's OK so long as they have permits and they will not disrupt traffic flow," Cruz said.
Makati's Special Weapons and Tactics team will serve as close-in security for the accused. Police officers will also be designated to secure Nicole.
At 5:30 p.m. Sunday, Nicole's supporters began a 24-hour vigil in front of the hearing venue.
Ellie