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Saturday, November 19, 2005
RP seeks custody of 6 US Marines in rape raps
MANILA -- The Philippine government has formally requested custody of six American Marines accused of raping a 24-year-old Filipino woman in Subic Bay Freeport in Pampanga after recent counter-terrorism exercises, the US Embassy said Friday.
The Marines have been in US custody in the Philippines since a 22-year-old Filipino woman filed a rape complaint against them on November 1.
The Olongapo City prosecutor has subpoenaed Keith Silkwood, Albert Lara, Corey Barris, Chad Carpenter, Daniel Smith, and Dominic Duplantis to answer the allegations next week, after which they could be charged.
It rejected Friday the soldiers' request for an extension of the period within which they may answer the charge of rape.
Olongapo City Assistant Prosecutor Raymund Viray, who is handling the investigation of the case, said the preliminary hearing set on November 23 will push through with or without the servicemen's statements but it would mean they are waiving their right to answer charges.
Viray said the counsels of the US soldiers filed a motion for extension of time, "but we are likely to deny it."
He said the government has already given the Americans ample time to prepare their defense in time for the first hearing on the preliminary investigation next week.
Under the rules, an extension of 10 days may be given to a party who requests more time to prepare his counter-affidavit.
The US embassy said it was studying the Philippine government's request for custody of the American servicemen.
"We did receive the request for custody on November 16," embassy spokesman Matthew Lussenhop said.
He said the US government "shall take this request into full account" but could not tell immediately when a decision would be made.
"As of now, they are in US custody," said Lussenhop.
Under a Visiting Forces Agreement (VFA) with the Philippines, the US will retain custody of its service members accused of wrongdoing unless the Philippine government requests otherwise.
Even then, the US can refuse such a request -- a provision that some Philippine lawmakers have criticized as infringing on national sovereignty.
During a Senate hearing Thursday, Senator Miriam Defensor-Santiago, head of the oversight committee on the VFA, lamented the "slow" response of Philippine foreign affairs officials in asserting the country's jurisdiction over the Marines.
The alleged assault on the woman at the former US naval base in Subic has stirred emotions in the former American colony.
Some left-wing activists and legislators have called for abrogating the treaty, which spells out the privileges and obligations of US troops and allows them to train in the country.
However, both governments have expressed confidence the case won't affect relations or counter-terrorism exercises. (ECV/DBP/Sunnex/With AP)
(November 19, 2005 issue)
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