thedrifter
07-27-06, 01:46 PM
‘Rape case accuser unreliable’
By Ferdinand Fabella
The complainant in the Subic rape case could have a “distorted” recollection of the rape that she claimed took place at the Subic Bay Freeport Zone on Nov. 1 last year, defense lawyers said yesterday.
They made their claim after a clinical toxicologist testified that a person with high blood alcohol would have an impaired ability to remember.
Toxicologist Kenneth Go said that in an alcohol-induced blackout, a person would be awake but disoriented and have memory lapses.
Go, the prosecution panel’s third expert witness, had earlier testified that Nicole could not have resisted a sexual attack or consented to sex based on the amount of alcohol she had taken at the Neptune Club before the alleged rape took place.
But the lawyer of defendant Daniel Smith, a US Marine corporal, described complainant “Nicole’s” rape claims as usapang lasing [drunkards’ talk ].
“There was a possibility that the facts were distorted, and the doctor testified on it,” defense lawyer Jose Justiniano said.
“This makes the complainant’s accusation unreliable.” Hindi kapani-paniwala [unbelievable], usapang-lasing.”
He said Nicole could have consented to her alleged rapist, but she could no longer remember it because she was too drunk.
Under questioning by Francisco Rodrigo, counsel for accused Staff Sgt. Chad Carpentier, Go admitted that people react in various ways depending on the amount of alcohol they had consumed.
He also agreed that alcohol intoxication increases a person’s sexual desire.
Go also testified in open court that he did not interview Nicole while he was preparing his written expert’s opinion.
Another defense lawyer, Antonio Rebosa, said Go would have been more helpful if he had got to know the complainant’s history of drinking.
The prosecution claims that Smith raped Nicole in a van while three other US marines cheered him on.
Ellie
By Ferdinand Fabella
The complainant in the Subic rape case could have a “distorted” recollection of the rape that she claimed took place at the Subic Bay Freeport Zone on Nov. 1 last year, defense lawyers said yesterday.
They made their claim after a clinical toxicologist testified that a person with high blood alcohol would have an impaired ability to remember.
Toxicologist Kenneth Go said that in an alcohol-induced blackout, a person would be awake but disoriented and have memory lapses.
Go, the prosecution panel’s third expert witness, had earlier testified that Nicole could not have resisted a sexual attack or consented to sex based on the amount of alcohol she had taken at the Neptune Club before the alleged rape took place.
But the lawyer of defendant Daniel Smith, a US Marine corporal, described complainant “Nicole’s” rape claims as usapang lasing [drunkards’ talk ].
“There was a possibility that the facts were distorted, and the doctor testified on it,” defense lawyer Jose Justiniano said.
“This makes the complainant’s accusation unreliable.” Hindi kapani-paniwala [unbelievable], usapang-lasing.”
He said Nicole could have consented to her alleged rapist, but she could no longer remember it because she was too drunk.
Under questioning by Francisco Rodrigo, counsel for accused Staff Sgt. Chad Carpentier, Go admitted that people react in various ways depending on the amount of alcohol they had consumed.
He also agreed that alcohol intoxication increases a person’s sexual desire.
Go also testified in open court that he did not interview Nicole while he was preparing his written expert’s opinion.
Another defense lawyer, Antonio Rebosa, said Go would have been more helpful if he had got to know the complainant’s history of drinking.
The prosecution claims that Smith raped Nicole in a van while three other US marines cheered him on.
Ellie