Prosecutors to fight among selves in today’s rape hearing?

Arguments between and among lawyers are a common sight in every courtroom but rarely among fellow prosecutors.

Today’s hearing will center on the arguments between government prosecutors and private lawyers on the rape case involving four American servicemen which has been transferred to the Makati City regional trial court from Subic.

A rather tricky problem arose following the decision of Justice Secretary Raul Gonzalez to downgrade the charges against the four American servicemen.

On Monday, the prosecution team led by City Prosecutor Feliciano Aspi filed a motion to amend the complaint of rape against the four accused.

On Gonzalez’s orders, the government lawyers sought to downgrade the rape charges against Dominic Duplantis, Keith Silkwood and Chad Carpentier to mere accessories to the crime, leaving Daniel Smith as the principal accused.

But Evalyn Ursua, of the Women’s Legal Bureau acting as the private counsel of the rape victim, filed a 12-page motion opposing the move of the prosecution.

Ursua argued the Department of Justice (DOJ) made a mistake in its decision to downgrade the charges, pointing out her duty to protect the rights and interests of her client.

"Talagang maling-mali (The decision was a big mistake), it has no basis in fact and in law. The evidence shows that there was conspiracy," Ursua said.

Ursua explained the DOJ decision has no basis in law since accessories to a crime are those who did not in any way participate in the offense.

"It’s public knowledge that they were all in the van. Therefore, all must be charged as principal accused," she said, referring to the vehicle where the rape allegedly took place.

"Gonzalez created a strange concept of accessory," Ursua added.

Women’s groups led by Gabriela are expected to troop to the court today and call for the resignation of Gonzalez.

The prosecution lawyers, on the other hand, will have to battle it out with each other before the sala of Branch 139 Judge Benjamin Pozon with the defense lawyers as spectators.

During last week’s hearing, Ursua and the DOJ prosecution team sought to declare a certain provision of the Visiting Forces Agreement (VFA) unconstitutional since it prevents the Philippines from taking custody of the accused.

However, the prosecution team had a disagreement with Ursua over the move, a simple sign of the dissension within their side during the trial.

In open court, they ended up arguing as to who would head the prosecution panel and call the shots.

Ursua argued she cannot entirely submit to the DOJ’s panel of prosecutors since they represent the People of the Philippines while she is representing the victim as the personal lawyer.

"There will be times when we will respectfully disagree with them," Ursua said.

All the four US servicemen will have to present themselves before the court at 2:00 p.m. tomorrow regardless of the results of today’s hearing.

Branch 139 clerk of court Liza Marie Picardal said they cannot be simply represented by their legal counsels since they will have to enter their respective pleas.