Friday, December 08, 2006 Oledan: Suspended celebration By Radzini Oledan Slice Of Life
IT WAS hailed as a triumph for justice, Filipino women and rape survivor, "Nicole" but there is no reason to totally celebrate the sentencing of the principal accused Lance Corporal Daniel Smith to 40 years in jail.
While Smith was sentenced to 40 years in jail, the judge declared the three other accused--- Lance Corporals Dominic Duplantis and Keith Silkwood, along with Staff Sgt. Chad Carpentier innocent of complicity.
Efforts are undertaken that Smith will be transferred to the custody of the US Embassy after the court hears his government's request pursuant to the RP US Visiting Force Agreement.
Under the agreement, any accused remains in the custody of the US authorities until the conclusion of all judicial proceedings, including any appeals.
The Americans have maintained that under the Philippine-United States Visiting Forces Agreement (VFA) custody of an American accused shall be with the US authorities until the conclusion of judicial proceedings.
The US representatives said this meant that Smith should remain in embassy custody since an appeal has been forwarded to the Court of Appeals. Failing to get a favorable verdict from the appeals court, the defense could send the case up to the Supreme Court.
Smith's lawyer said he would file a petition for habeas corpus before the Supreme Court to compel the lower court to remand the Marine to US Embassy custody while the conviction is under appeal.
This could be another test on how Philippine authorities would assert sovereignty over the matter.
They have to be reminded on the countless women and children who were prostituted and abused during the stay of the RP-US Military Bases.
It is a matter of moral obligation for policy makers and authorities to immediately review the provision of the Visiting Forces Agreement (VFA). It is high time that the interest of Filipinos be considered foremost than that of foreign countries.
The question goes beyond the need to revise the Visiting Forces Agreement, particularly the provision on the custody and detention of a US serviceman.
The Philippine government could still opt to let itself loose from a lopsided agreement. If it wants to. If it considers public interest above anything else.
