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Thursday, December 29, 2005
Editorial: Rape case
THE recent development in the rape case filed against the US Marines presented at least one positive development as four of the six soldiers were charged before the Olongapo court of molesting the girl with one of them being the actual perpetrator and the others facing charges for giving "moral assistance" to the suspect.
Not surprisingly the Filipino driver of the van used as the place for the crime was charged for aiding and abetting in the crime. Though this is good news in the sense that the perpetrators won't go away scot-free for now cynics and militants see another snag in the case.
That is the Visiting Forces Agreement (VFA) allows the US military stationed in the country to retain physical custody of the suspects even while the case is being tried. As one remembers only too well the soldiers were not even present during the actual filing of charges before the court.
Which means that naysayers and cynics have one more reason to doubt whether the case would progress anywhere other than the filing of the charges before the court and if the four suspects would be able to show up before the court anytime soon should the court order their presence for cross examination.
At least on the surface the US military authorities said they will cooperate with the government in accordance with the VFA provisions. Being the canny negotiators that they are the VFA condition about the continued custody of the four US Marines would somehow soften the impact of the case against the perpetrators due to their absence.
Should they be tried in absentia the question remains as to whether the court could enforce the ruling on the suspects should they be proven guilty beyond reasonable doubt. And what is to prevent the US from quietly spiriting away the four Marines to some quiet, remote American outpost where neither their hair nor hide can ever be seen again?
At any case the only one open for prosecution is naturally the Filipino driver who, despite the fact that he abetted the crime, can only do little to prevent its commission since he was "only a hired hand." And the case would be tried sometime next week giving the US plenty of time to wield its influence.
In any event the case poses a challenge for the country's judicial system in that it would determine how far the courts can pursue the case and serve justice for the victim amid the political pressure and influence wielded by one superpower.
(December 29, 2005 issue)
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