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Sunday, July 09, 2006
Fortun 'qualifies' as expert witness in Subic rape trial
MANILA -- A Makati City court hearing the Subic rape case against four US servicemen junked the petition of the defense seeking to disallow the testimony of a noted forensic pathologist as an expert witness.
In the four-page ruling, Makati Regional Trial Court (RTC) Branch 139 Judge Benjamin Pozon said the education, training and credentials of Dr. Raquel Del Rosario-Fortun are more than enough for her to qualify as an expert witness.
With the ruling, Fortun is set to testify in court next week after the rape victim, "Nicole", finishes her testimony.
After Fortun the prosecution is set to present four more witnesses including Timoteo Soriano, the driver of the Starex van where the alleged incident took place, a toxicologist, a forensic psychiatrist and the Dr. Rolando Ortiz, the medico-legal officer of the James Gordon Hospital where "Nicole" was examined after the alleged rape.
"After taking into consideration the testimonies given and the credentials presented by Doctor Fortun with regard her education, training and experience this court is of the considered view that qualifies as an expert witness," Pozon said in her ruling.
Fortun is being presented by the prosecution as an expert witness to render her opinion on the sexual assault case filed by 22-year-old "Nicole" against Staff Sergeant Chad Carpentier and Lance Corporals Daniel Smith, Dominic Duplantis and Keith Silkwood.
Private prosecutor Evalyn Ursua also said even the defense recognized her skills and qualifications since they also asked her early this year to work with them but the prosecution beat them to the draw.
Smith's counsel Benjamin Formoso admitted in court that he indeed called Fortun last April asking her to work with them. Fortun also said Carpentier's counsel, Francisco Rodrigo made an indirect appeal through her father, likewise a former lawyer, sometimes that month.
But the defense objected and said Fortun's experience in sexual assault cases is nil and might not fall or qualify for her as an expert witness in the field since she admitted to the court that she only handled 10 of such cases and that her expertise was in the study of dead human beings.
They also questioned her educational background saying that it was mostly on the field of pathology and not in obstetrics and gynecology.
But Pozon gave more weight to the initial testimony of Fortun last week in which she presented her 12-page curriculum vitae detailing her educational background, trainings and seminars here and abroad and experience in the field to render his ruling.
"It may be true that in her 11 years of practice as forensic pathologist, most of the cases she handled dealt with dead cells of dead human beings but that circumstance alone does not detract from the fact that she was also actually involve before in some sexual assault cases," Pozon said.
He added that Fortun attended various trainings and seminars here and abroad in the field of sex crimes and has even contributed numerous articles involving sexual assault cases in the country.
Regarding the defense contention that she has yet to testify in court with regard cases she handled in the past, Pozon said the country's laws and rules of court do not require previous testimonies as part of the qualifications of a person to qualify as an expert witness.
Meanwhile, Ortiz has already testified in court last week wherein he said that the contusions sustained by "Nicole" in her genitalia and other parts of the body were consistent with rape victims is being asked to appear again after the defense filed a manifestation seeking him to answer questions related to the complainant's personal history, which the prosecution earlier objected since it is part of "privileged communication" of the complainant with the doctor.
Fortun has worked in various cases including the 1996 Ozone disco fire, the murder case of publicist Salvador "Bubby" Dacer and his driver Emmanuel Corbito, the 1996 Asian Spirit crash.
She has rendered opinion and appeared at the Senate investigation on the controversial death of Navy ensign Philip Pestaño in 1995 and another Senate investigation into the death of Cebu Judge Martin Ocampo who meted the death penalty on several scions of influential families in Cebu in connection with the rape-slay of the Chiong sisters, which she also studied.
Named as the Pathologist of the Year in 1996 by the Philippine Society of Pathologists, Fortun, who graduated with honors at the University of the Philippines and pursued her medicine course at the University of the East-Ramon Magsaysay, also worked with the United Nation Transitional Authority for East Timor and at Sierra Leone. (AH/Sunnex)
(July 9, 2006 issue)
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