Nicole’s b’day wish: Justice

A 22-year-old alleged rape victim has expressed her wish that she be given justice as a gift for her birthday tomorrow.

The woman known only as "Nicole," who has accused four US Marines of rape, said she will pray for peace of mind, good health and a chance to live a normal life again.

"Lakas at tibay ng loob harapin ang mga pagdurusa ngayon," she said. "Sana mabigyan ako ng justice sa nangyari sa akin (Strength and fortitude to face my sufferings now. I hope I will be given justice for what has happened to me)."

Nicole said she will be with family on her birthday, but there won’t be much celebration, considering the situation she is in right now.

"We will hear Mass and maybe dine out somewhere," she said.

She also reiterated her wish to be given a new set of lawyers to replace the panel of state prosecutors after she and her family lost confidence in them.

Last week, Nicole called on the Department of Justice to replace the lawyers tasked to represent her in court, singling out lead counsel, Senior State Prosecutor Emilie Fe de los Santos, whom she has accused of trying to enter into a settlement with the four accused Americans.

In response, Delos Santos denied the accusation and called Nicole and her mother liars.

Nicole’s mother said she was dismayed over how State Prosecutor Nolibien Quiambao cross-examined Lance Corporal Daniel Smith, the principal accused.

Justice Secretary Raul Gonzalez ordered yesterday National Bureau of Investigation assistant director Alejandro Tenerife to look into the allegations of Nicole’s mother that government prosecutors led by De los Santos had asked them to strike a deal with the US Marines.

"You are directed to conduct an investigation on the recent allegation of the mother of Nicole to the effect that the panel of prosecutors handling her case had allegedly offered to settle her daughter’s case in exchange for the freedom of Joc Joc Bolante, who is now detained in the USA," read Gonzalez’s one-page memorandum.

Gonzalez told reporters the NBI’s investigation would reveal the truth whether De los Santos indeed tried to broker a settlement between Nicole and the US Marines.

"The implication of the statements of the mother warrants an investigation just to put this insinuation to rest once and for all," he said.

"I have ordered the investigation of prosecutors and the whole family to find out who opened or pushed the compromise agreement. Let’s prove the mother right or wrong," he said.

Gonzalez ruled out yesterday an out-of-court settlement in the rape case against the four US Marines as squabbles between the accuser and prosecutors threatened to undermine the trial.

"We’re already so far into the trial stage," he said. "That should quash any hopes of a compromise."

On Monday, Gonzalez rejected Nicole’s petition to change the prosecutors.

But on Tuesday, he said that considering the public uproar, he would watch the trial closely, and that he may still decide if there is need to replace them.

Part of healing process

Meanwhile, appealing for a more sensitive media, Nicole’s psychologist called yesterday on the media to be "more conscious of the fact that they are part of the process of healing of a rape survivor."

Dr. June Pagaduan Lopez of the University of the Philippines College of Medicine’s Psychiatry Department issued the statement after Nicole was devastated over the media’s reporting of the testimony of Staff Sergeant Chad Bryan Carpentier, a co-accused of Smith, who called Nicole a "professional."

"As seemingly minor as article titles, this does affect the victim," she said.

"There’s so much to choose from as what can be published and what should not. The sensibility of media is crucial. I think we should have more respect and not titillate the public and make a telenovela out of all of this."

Lopez urged reporters and editors to choose words, especially for headlines, sensitively because there is a thin line between responsible balanced reporting and sensationalism.

"This is very traumatic for Nicole," she said.

"Plus, news reports have a chilling effect on future survivors who would need to come out just like Nicole to fight for justice. We have already made one step in trusting media.

"In fact, we, during the press conference last Tuesday, agreed to frontal shots of the private complainant based on a gentleman’s agreement that the pictures will be used judiciously."

Meanwhile, the anti-crime group Volunteers Against Crime and Corruption is planning on letting Nicole meet rape victim and survivor Baby Echegaray.

"We are making them meet each other very soon para magkatulungan sila," VACC founding chairman Dante Jimenez said in an interview.

Echegaray’s stepfather, Leo Echegaray was convicted of raping her when she was 15 years old.

Leo Echegaray was executed by lethal injection in 1999.

On the other hand, private prosecutor Evalyn Ursua has expressed outrage at her colleagues, accusing them of destroying Nicole’s credibility.

"We are being distracted from the case, instead of working to prosecute the case," she said. "If they are destroying Nicole, they are destroying the people of the Philippines." - With Jose Rodel Clapano, AP