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Tuesday, December 05, 2006
US soldier convicted of Subic rape
MANILA -- A four-month trial ended Monday with a US Marine convicted and sentenced to 40 years in prison in a landmark rape case that was hailed as a victory for women's rights and Philippine independence from its former colonial power.
In a decision televised live nationwide Monday, three other Marines were acquitted of complicity after a long emotional trial that resurrected controversies linked to the US military presence in the Philippines.
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The case has tested a joint military pact that paved the way for US counter-terrorism training credited with helping local forces make gains against Muslim extremists in the country's south.
Leftist groups have staged regular protests outside the US Embassy, claiming the American servicemen were getting special treatment that undercut the country's sovereignty.
The complainant, given the pseudonym "Nicole," told the court that the assault occurred on Nov. 1 last year in a moving van at the former US naval base at Subic Bay, after she had spent an evening drinking with the accused.
A scuffle briefly broke out between US Embassy security personnel and local police over who will take custody of Lance Cpl. Daniel Smith after his conviction.
Smith's three fellow Marines-Staff Sergeant Chad Carpentier and Lance Corporals Dominic Duplantis and Keith Silkwood walked free.
All four men have been in US Embassy custody, in line with the Visiting Forces Agreement (VFA), but Philippine police took Smith away in handcuffs to be fingerprinted, photographed and given a medical checkup and sent to the Makati City jail.
The US Embassy issued a statement saying the three released Marines will be returned to their unit in Okinawa, Japan, where their commander will take action on the US military's investigation into the case.
Malacañang welcomed the verdict and believes it will not affect Philippine-US relations because the case was not diplomatic in nature.
Smith, 21, and the other accused had just finished counter-terrorism maneuvers with their Filipino counterparts as part of the Balikatan 2005 military exercises and were on temporary liberty when the incident took place.
In convicting Smith, Makati Regional Trial Court Branch 139 Judge Benjamin Pozon said the prosecution was able to present the security guards at the Neptune bar where the complainant went for a night-out to the testimony of Nicole herself and the material and documentary evidence, to warrant the verdict.
A Philippine police official said it appeared there had been a misunderstanding over whether Smith will remain in US custody during an appeal. The judge ruled that he will be temporarily held in the Makati City jail.
Zozimo Paredes, head of the Philippines' VFA Commission, said the agreement is clear that after all appeals are exhausted, Smith will be detained in the Philippines.
"We laud the triumph of impartial justice," said Ignacio Bunye, spokesman for President Gloria Macapagal-Arroyo.
"The court maintained an even keel despite the tremendous pressures upon the bench. We have shown the world that due process is a hallmark of Philippine democracy," he said.
"The outcome of this case will not in any way affect Philippine-US relations for it is not about diplomatic relations but about universal justice and the rule of law," he added.
Nicole, 23, accused Smith of sexually assaulting her while she was drunk, with Carpentier, Silkwood and Duplantis allegedly cheering him on.
Smith, from St. Louis, Missouri, testified that the sex was consensual.
The court's ruling makes him the first American soldier to be convicted of wrongdoing since the Philippine Senate ordered US bases shut down in the early 1990s and joint training was established under a treaty, the Visiting Forces Agreement, in 1998.
"I'm sad that three were acquitted, but I'm also happy because one was convicted," Nicole told ABS-CBN television in a telephone interview.
Smith was ordered to pay Nicole P100,000 in compensatory and moral damages.
"He was the one who was on top of the complainant, who resisted his kisses, pushed him and fought him back until she lost consciousness because of alcoholic drinks she had taken," said the lengthy decision by Judge Pozon.
Pozon said the severe penalty was aimed "to protect women against the unbridled bestiality of persons who cannot control their libidinous proclivity."
The verdict said Nicole was so intoxicated that she could not have consented to sex, pointing to testimony that Smith carried her to a van where the rape allegedly occurred.
As the verdict was delivered, some cheers and applause broke out in the courtroom, and Nicole began weeping as supporters embraced her.
"We're very happy. We laud Judge Pozon for showing courage and judicial independence," Nicole's lawyer, Evalyn Ursua, said.
"It is a moral victory in addition to the legal victory," she said.
"Judge Pozon has upheld Philippine justice and sovereignty," added Representative Satur Ocampo of the left-wing Bayan Muna party.
About 100 protesters gathered outside the courthouse, chanting and singing "Bayan Ko," a popular nationalist song.
They waved a banner that read "Justice for Nicole, justice for our nation. Scrap VFA," referring to the Visiting Forces Agreement that allows foreign troops to take part in training exercises and that governs their conduct.
Left-wing activists have rallied against the pact, saying it favors the US As a van dropped off the Americans and they were escorted by 50 helmeted riot police toward the court, members of a women's group yelled "Convict, convict! Justice, justice!" and waved anti-US posters. (Sunnex/AP)
For more Philippine news, visit Sun.Star Baguio. (December 5, 2006 issue)
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