Don’t drag Elizalde into Subic rape case — foundation

The name of prima ballerina Liza Macuja-Elizalde should not be dragged into the Subic rape case, members of The Outstanding Women in the Nation’s Service (Towns) Foundation said yesterday.

The organization expressed dismay over how Elizalde, who only wants to help, is being dragged unnecessarily into the picture, muddling the real issue of the alleged rape of a 22-year-old Filipina by four US Marines at the Subic freeport in Zambales last November.

In an interview with The STAR, Towns Foundation president Prof. Imelda Villar said there is no truth to reports that came out about a so-called money problem within the private complainant’s camp of supporters.

She said nobody is making money out of fund-raising activities, including Elizalde’s dance concert, which was not organized as a fund-raising drive for "Nicole."

Villar said the Towns Foundation is trying to find the money to finance the legal battle between Nicole and US Marine Lance Corporals Daniel Smith, Keith Silkwood, Dominic Duplantis and Staff Sergeant Chad Carpentier before the Makati City regional trial court.

She said the group is doing so as part of a bigger goal, which is to educate the public about rape, because they are a women’s organization.

The Elizalde concert, Villar said, was tapped after the renowned ballet dancer agreed to help by giving Towns Foundation 500 tickets to sell so they could raise funds for their endeavor.

"It was not really a concert for Nicole," she told The STAR, adding that the tickets they sold generated some P275,000.

Towns Foundation decided to issue a statement after Justice Secretary Raul Gonzalez allegedly mentioned Elizalde during a radio interview while referring to the alleged money problem within Nicole’s camp.

Towns’ members include former senator Leticia Ramos-Shahani and Teresita Ang-See of the Movement for the Restoration of Peace and Order.

Villar appealed to all camps fighting on the same side to turn their focus back to the case, which is now being muddled by other issues.

Trouble within the ranks of the prosecution panel started Monday, after Nicole’s family criticized the government prosecutors for what they perceived was the prosecution lawyers’ "gentle" cross-examination of Smith, the American soldier accused of raping Nicole inside a van in Subic, Zambales on Nov. 1, 2005.

Nicole, her mother, and their supporters from the group Task Force Subic Rape on Thursday walked out of the courtroom before the hearing began.

That night, Nicole faced the media in a press conference where she called her government lawyers incompetent and asked the Department of Justice to replace all of them except for State Prosecutor Hazel Decena-Valdez, who was spared from Nicole’s criticism.

On Friday, Nicole’s mother alleged that they were advised by Senior State Prosecutor Emilie Fe delos Santos to enter into a settlement with the families of the accused or their case may be used for a "tradeoff" for the extradition of former agriculture undersecretary Jocelyn "Jocjoc" Bolante, who is accused of involvement in the fertilizer fund scam.

Gonzalez dismissed Nicole’s claims as untrue and challenged Nicole’s mother to a lie detector test while hinting at a money problem within Nicole’s camp and mentioning a charity performance by Elizalde.

The trial is expected to resume today without Nicole. Dr. Teresita Sanchez, a forensic obstetrician-gynecologist, takes the stand as an expert witness for the defense.

Not backing down

Nicole said in a statement that she will not back down from the case and will fight for her rights. She also said that all she is asking for is a new set of government lawyers who will really work on the case.

One of Smith’s lawyers, Benjamin Formoso, said it is not true that his client or his client’s family is offering to settle: "Never, we never discussed any settlement. We have no communication with the DOJ, the complainant, whatsoever."

Nicole earlier said she is determined to pursue the case and will not enter into any form of settlement.

In her statement, Nicole said: "From the very beginning my mind was set to pursue the case and not be influenced by other people by any means. My fight will be until the very end. I was never and will never be influenced by people surrounding me."

She said that "to settle is to think only of the short term. I don’t want to blame myself that I did not fight. I know I will be bothered by my conscience someday if I did not fight and seek justice. I have come so far already, why will I think of a settlement?"

Nicole likewise decried Gonzalez’s disbelief in her claim of rape. She said she did not dream up the rape: "Your people are supposed to be prosecuting my rapists, you should never have said that. Coming out, testifying in court and recalling the rape were not easy for me."

She said she only wants people to know the truth and be granted justice for what the accused had done to her.

"Fighting for my dignity as well as the dignity of my country and standing up firmly for the case is the most courageous thing that I have ever done," Nicole said. "I will not let my family, friends and supporters down. They give me the strength and the courage to continue."

"It was obvious that the state prosecutor did not prepare for (the cross-examination of Smith)," she said. "Even the judge questioned the state prosecutor if he was doing a cross-examination. I begged the senior state prosecutor to allow my private prosecutor to have her cross-examine but she told us no."

Nicole also expressed doubt whether the government was really interested in getting justice for her: "Does it simply want to finish the case without caring for the result? If this is so, it simply means that it is not capable of protecting or defending its citizens like me."

The complainant and her family said they are thankful for the support given by the Towns Foundation, Task Force Subic Rape and other groups who are fighting for the rights of abused women.

Meanwhile, the Volunteers Against Crime and Corruption (VACC) has put its support behind Nicole after reports came out that Nicole is being asked to drop the charges against the accused.

VACC members will begin attending the hearings at the Makati City RTC today to support the prosecution. — Michael Punongbayan, Rhodina Villanueva