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Tuesday, November 08, 2005
Fiscal to summon 6 US soldiers in rape case
MANILA -- The Olongapo City Prosecutor's Office, through the Department of Foreign Affairs (DFA), is set to serve Tuesday the subpoena on the six US Marine servicemen who were accused of gang-raping a 22-year-old Filipino woman in Olongapo City last November 1.
Justice Secretary Raul Gonzalez Sr. said the subpoena against the accused will be coursed through the DFA by the Olongapo City prosecutor and then sent to the US Embassy, which has the accused under its custody.
Gonzalez said Olongapo City Prosecutors Prudencio Jalandoni and Raymond Viray will be the ones to handle the preliminary investigation to be conducted against the accused from November 15 to November 25.
Viray, who met with Gonzalez and Jalandoni Monday, identified the US Marines servicemen who will be subpoenaed Tuesday as Keith Silkwood, Albert Lara, Corey Barris, Chad Carpenter, Daniel Smith and Dominic Duplantis.
Gonzalez said the US Embassy has assured the Philippine Government that the accused are still in the country.
"They are still here. I told the prosecutor to bypass the Subic Bay Metropolitan Authority (SBMA)," he said, adding that the Department of Justice (DOJ) has one year within which to prosecute the Americans.
He said the Philippine government preferred to place under its custody the six American suspects but it cannot do this at present because there is "a diplomatic undertone" to the move.
"The subpoena will be course through the DFA. That is the protocol, which we are expected to do. I discussed this with (DFA Undersecretary Rafael) Seguis and he told me that is what we have to follow," he said.
Gonzalez said the six accused Americans will have to personally present themselves before the Olongapo prosecutor's office for the preliminary investigation and submit their counter-affidavit.
"They will have to undergo the regular process. They have to file a counter-affidavit with the prosecutor in Olongapo. They will go to the prosecutor. The prosecutors will not go to the US embassy," he said.
A possible amicable settlement will not be initiated by the DOJ because that is at the discretion of the victim, he said.
"If the person herself became adverse, we are anticipating that. But I'm not suggesting that. That will not be between us. We have witnesses, like the driver has a statement. He wants to be placed under the Witness Protection Program," he said.
For his part, Chief State Prosecutor Jovencito Zuño said the findings of the prosecutors in Olongapo City will not prejudice the US court martial proceedings against the accused.
Zuno said the trial in the country will come first and the US court martial will get the documents pertinent to the complaint filed by the victim such as those that will result from the trial.
The alleged rape victim is a 22-year-old degree holder from Davao City and a daughter of a military man.
Some 50 members of the Bagong Alyansang Makabayan (Bayan) are asking Gonzalez to resign from his position for failure to protect the interest of Filipinos.
Oca Lapida, Bayan spokesman, said Gonzalez is not doing his job.
"Gonzalez is too engrossed in drafting different suppressive laws while he is sitting on pressing matters that need his actions. The accused in the rape of the 22-year-old girl in Olongapo should be jailed and should not be placed under the custody of the US Embassy. If he (Gonzalez) has delicadeza (sense of propriety), he should resign from his post," he said.
Earlier reports had it that the victim was accompanied by relatives while vacationing at the Subic Bay Freeport for the holidays.
Timoteo Soriano, an employee of Starways Travel and Tours who drove the blue Starex van with license plates WKF-162 used by the suspects, said in his sworn statement he "saw how those US Marines mercilessly raped the girl inside the van. It was really horrible."
The victim reportedly sustained bruises and contusions on several parts of the body, and an indication of "probable" penetration on the vaginal wall.
Gonzalez earlier admitted that under the Visiting Forces Agreement (VFA), the US has "primary jurisdiction" over the custody of persons involved in criminal cases. (ECV/Sunnex)
(November 8, 2005 issue)
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