Subic rape: Victim, suspects a no-show

OLONGAPO CITY — The key figures in the controversial rape case involving a 22-year-old Filipina and six US servicemen were a no-show during the preliminary investigation at the Hall of Justice here yesterday.

The lawyers of the six US soldiers accused of the rape, however, took center stage by challenging the evidence presented by a witness in the case that could be seen as "a litmus test" of the Visiting Forces Agreement (VFA).

During the preliminary investigation, the lawyers of the American servicemen tried to raise questions about whether one of the witnesses had been coerced into linking the Marines to the alleged rape.

Although the six soldiers did not appear, they had earlier filed sworn statements giving their side of the incident, US Embassy Press Attaché Matthew Lussenhop said in a news conference before the preliminary investigation began.

Lussenhop declared the physical presence of the six accused "was not required by the Office of the (Olongapo) City Prosecutor, although all six remain in US custody in the Philippines."

Lussenhop said the six accused would remain in the custody of the US Embassy in Manila, adding that the mission would "cooperate closely with (local investigators) to ensure this case is handled fairly and that justice is done."

He said the six were ready to file sworn statements with the prosecutor’s office but their lawyers were not able to submit them due to the additional testimony submitted by the complainant’s lawyers.

Lussenhop led the US delegation that included US Marine Capt. Burrel Parmer, former spokesman for the recently concluded Talon Vision and Philblex joint military exercise in which the six Marines were participants.

The alleged rape victim also failed to attend the preliminary hearing but she was represented by lawyers Sheila Bazar and Raymund Escolango.

Her lawyers submitted a supplemental affidavit signed by witness Fe Castro detailing the "gruesome ordeal" suffered by the victim at the hands of the six Americans.

This surprised the defense lawyers who urged Olongapo City Prosecutor Prudencio Jalandoni to give them time to answer the supplemental affidavit.

Jalandoni gave the defense lawyers five days to submit their counter-affidavits.

Defense lawyers also urged Jalandoni to accept as evidence tapes and transcripts of radio interviews given by Timoteo Soriano, driver of the van rented by the American soldiers and in which the rape allegedly took place.

Soriano initially claimed he had witnessed the rape.

The lawyers cited radio interviews in which Soriano said that Subic Bay Metropolitan Authority (SBMA) security chief Paquito Torres had coerced him into linking the six Americans — even though he had never seen the alleged rape.

Torres, who was present in the proceedings, denied using coercion and invoked his right to counsel.

Jalandoni then ordered radio stations to submit copies and transcripts of the interview with Soriano detailing the alleged coercion.

The witnesses — Castro and Soriano — also failed to attend the preliminary hearing.

Outside of the building where the preliminary investigation was held, protesters condemned the security agreement between the US and its former colony.

Answer the allegations

The accused servicemen were part of a US contingent that had just taken part in joint military exercises in the former US naval base of Subic.

The case has drawn widespread media attention and some human rights advocates say it has opened up old wounds caused by past abuses by the Americans.

The VFA, forged in 1998, grants limited immunity from criminal prosecution to US troops when they are engaged in joint maneuvers in this country.

"This is a test case for the VFA. This is the first time that we are investigating US servicemen under the treaty," prosecutor Raymond Viray said.

Viray added the American servicemen are expected to deny any wrongdoing.

He said the next round of investigations is set for Nov. 29, after which prosecutors will determine whether there is probable cause to charge the six Americans in court.

If a case against them is established, the soldiers would be arrested, detained and tried here to face life imprisonment or death if there are aggravating circumstances, Viray said.

Albert Lara, a lawyer for one of the six US servicemen, specifically asked to be allowed to challenge the alleged victim face-to-face before prosecutors. Jalandoni added this would be resolved later.

Despite the no-show of the rape victim, the Department of Social Welfare and Development (DSWD) said she is bent on pursuing the case against the six Americans.

Sources, however, said the victim had been about to withdraw her complaint against the six but her request was turned down by Justice Secretary Raul Gonzalez.

Two DOJ officials separately claimed the victim was about to submit her affidavit effectively recanting the rape charges against the six Americans.

"The truth is the victim intends to recant the rape charges. That was refused by the Justice Secretary because it will not reflect well on him. Her recantation is that what she remembers is that she was being kissed," one of the officials said.

The official said the victim wanted to maintain that she was just kissed by the accused.

"She wants to delete the element of rape in her original complaint-affidavit," another DOJ official disclosed.

"She was with her lawyer, Atty. (Minerva) Ambrosio. The victim wants that portion on the element of rape... and she will strike that out," the official added.

Sources disclosed Gonzalez did not allow the victim and her lawyer to enter his office, forcing them to proceed to Chief State Prosecutor Jovencito Zuño and State Prosecutor Lilian Alejo to subscribe her withdrawal.

The source claimed the victim, including her lawyers Ambrosio and Katrina Legarda, decided against appearing before the preliminary investigation because of the publicity.

"The victim was advised by Zuño to go to the fiscal in Olongapo at 7:00 a.m. today (Wednesday) so that she will not be seen by the media. If that portion (the rape allegations) is deleted, the case will be dead. It will be lessened to sexual abuse or sexual molestation," the official pointed out.

"The government can still pursue the case against the six US Marines for the remaining allegations of sexual molestation, but the case will definitely be weak," the official added.

"The victim can be forced to testify against the accused, but it will not change anything because the recantation will definitely weaken the case against the accused," he said.

The same officials pointed out the request of the defense lawyers for more time to submit their supplemental-complaint affidavit would cause delays in the proceedings. — With Ric Sapnu, Jose Rodel Clapano, Sheila Crisostomo, AP, AFP, Reuters