‘Nicole’ to take witness stand

The Filipino woman who accused four US Marines of raping her inside a van after she got drunk in a bar in Olongapo City in November last year will finally take the witness stand on Thursday.

Evalyn Ursua, the complainant’s private counsel, said her client — identified only as "Nicole" — is scared but those taking care of her have tried their best to prepare her both physically and emotionally for the big day.

"We’re trying our best to make her ready. She is afraid... but she will take the stand," Ursua told The STAR in an interview after yesterday’s continuation of the rape trial at the Makati City regional trial court.

Ursua said the direct examination of Nicole by her lawyers would most probably take a whole day or even longer as she gives her side of what happened on the night of the alleged rape, as well as the days before and after it.

So far, the prosecution has presented some 20 witnesses who testified on how Nicole was allegedly invited to visit Subic Freeport, spent time there with her sisters, got drunk at the Neptune Bar, was raped inside a Starex van, and subsequently dumped at a parking lot.

Nicole has been attending the hearings religiously along with the four accused — Lance Corporals Daniel Smith, Keith Silkwood and Dominic Duplantis, and Staff Sergeant Chad Carpentier.

She alleged that Smith raped her inside the van while the other servicemen cheered him on.

Ursua said they originally planned to present some 45 witnesses but now plan to present only four more witnesses after Nicole testifies, since the testimonies of other witnesses are similar to those of those who have already taken the witness stand.

She added that they are also waiting for the court to decide whether it will accept forensic pathologist Raquel del Rosario Fortun as an expert witness.

"If the court decides before Thursday, then we will have Fortun first. If not, then the private complainant will testify," Ursua said.

Members of groups such as Gabriela and Task Force Subic Rape are expected to gather outside the old Makati City Hall building to express their support for Nicole.

As in past hearings, the court will not allow live media coverage of Nicole’s turn at the witness stand. Seats for reporters — who will not be allowed to bring in tape and video recorders, mobile phones, cameras, and laptop computers — will be limited.

Ursua said an alleged victim’s testimony in a rape case is critical and Nicole will have to be protected as a woman who was allegedly sexually abused.

Yesterday’s hearing was short since the prosecution had no other witness to present other than Nicole’s stepsister, who was cross-examined by defense lawyers.

Silkwood’s lawyer said the woman manifested "selective memory" since she could not remember how and at what time things happened inside the Neptune Bar on the night of the alleged rape.

The stepsister, 25, was with Nicole when the latter reportedly got drunk, disappeared, and was eventually found in the parking lot after she was allegedly raped.

Ursua defended the stepsister, saying the important thing is that she, Nicole, and US Navy men Christopher Mills and Carlos Ocasio arrived at the bar at 8:30 p.m.

"When you drink, do you really look at the time?" Ursua asked. — Michael Punongbayan