|
Saturday, July 08, 2006
Subic rape complainant no-show in court due to 'trauma'
THE 22-year-old Filipino woman in the controversial Subic rape case against four US servicemen was not able to continue her testimony before the Makati City Regional Trial Court (RTC) last Friday as her psychiatrist said she was "emotionally distressed".
Dr. June Lopez said that while she was on her way to attend the hearing at the sala of Makati RTC Branch 139 Judge Benjamin Pozon, she got a call from private prosecutor Evalyn Ursua informing her that "Nicole" would not be able to take the witness stand.
"She (complainant) was extremely distressed by her experience on Wednesday when she made her first testimony," Lopez said adding that Ursua told her that the complainant is not psychologically prepared to continue her testimony.
State Prosecutor Emelie de Los Santos then manifested that her testimony be re-scheduled to a later date to give "Nicole" time to rest.
With the defense posing no objection to the cancellation of Friday's hearing, Pozon moved the complainant's testimony on July 10.
"Considering that the complainant according to the prosecution and Dr. June Lopez cannot appear and having no objection from the defense, this Court ordered a resetting of her testimony on July 10," the judge said.
Giving her first ever testimony last Thursday, "Nicole" broke down several times when she recalled how she and her family treated US soldiers well whenever they got to their family-owned canteen inside the Armed Forces of the Philippines (AFP) Southern Command (Southcom) Headquarters in Zamboanga City where a contingent of American soldiers were training their Filipino counterparts in anti-terror skills.
She also broke down when she recalled how Lance Corporal Daniel Smith, one of four US Marines accused in the case, allegedly raped her on the night of Nov. 1, 2005.
The prosecution said that while Smith was raping "Nicole" inside a rented Starex van, the other accused - Staff Sergeant Chad Carpentier and Lance Corporals Dominic Duplantis and Keith Silkwood -- cheered him on.
Lopez said that "Nicole" is also emotionally distressed as it was the first time she got to tell her story in front of the accused, their counsels, and media practitioners who covered the proceeding. "She (complainant) was extremely re-traumatized being forced to recall what happened especially when you out the story in front of so many people," she said.
The psychiatrist said another factor that affected "Nicole" is the "unusual" schedule of the hearing which the court set four times weekly from one to five in the afternoon.
"I think this is taxing her, she has lost a lot of weight since the trial proper started and we are compounding her trauma by forcing her to sit for long hours," she added.
"Nicole" has been religiously attending every hearing day since the trial started and was only absent once as she was tired and needed a rest.
But Lopez said that her client is not taking any medication and all she needs is time to rest adding that hopefully by Monday, she would be able to continue her testimony.
Meanwhile, Teresita Ang See, an anti-crime crusader who attended the hearing, said that what "Nicole" was undergoing is similar to victims of heinous crimes when they testified before the court especially with the presence of the accused.
"This is all what other victims go through and I hope that we will become kind to all victims but her appearance is very important as there is a need for her is to vindicate herself by telling the court her ordeal," Ang See said.
"Nicole's" older brother, Ryan, said that her sister after her Wednesday's testimony told them her fear although she refused to elaborate and remained silent.
During the hearing, the court also granted the prosecution's motion that they should be allowed to present Dr. Raquel Fortun, a noted forensic pathologist, as an expert witness in the trial.
The defense counsels had argued that Fortun could not be presented as an expert witness since her study mostly deals with cases of dead victims having only studied more or less 20 sexual assault cases in her nearly 11 years as a forensic pathologist.
"After taking into consideration the testimonies given and the credentials presented by Dr. Fortun as regards her training, education and experience, this Court is of the considered view that she qualified as an expert witness," Pozon said in his order. (AH/Sunnex)
(July 8, 2006 issue)
Write letter to the editor. Click here.
Join the Sun.Star message board. Click here. |
|
[return to top]
[home]
[network page]
|
LOCAL NEWS
BUSINESS
OPINION
SPORTS
LIFESTYLE
FEATURE
|
