Judge in Subic rape case goes on leave

The judge hearing the rape case against four US Marines will go on a two-week leave starting today to allow himself to thoroughly examine evidence from the defense and prosecution before handing down his decision on Nov. 27.

Court staff said Judge Benjamin Pozon of the Makati City regional trial court has to go through more than 2,000 pages of affidavits, documents and transcripts of testimonies of witnesses.

Defense and prosecution lawyers said they believe in the integrity and fairness of Pozon, who had heard the case four hours a day, four days a week for four months.

Private prosecutor Evalyn Ursua, who clashed with the government prosecutors handling the case shortly after the defense rested its case, said the prosecution’s hope now lies with Pozon.

The rape complainant, who is known only as "Nicole," claims to have been raped by a US soldier inside a moving van on the night of Nov. 1, 2005 at Subic Bay Freeport in Zambales after getting drunk in a bar called Neptune Club.

Lance Corporal Daniel Smith, the 21-year-old US Marine accused of raping Nicole, denies the allegations and maintains that he had consensual sex with her.

The three other accused are Lance Corporals Keith Silkwood and Dominic Duplantis and S/Sgt. Chad Carpentier.

The four accused, members of an expeditionary force, remain under custody of the US Embassy in Manila as stipulated in the RP-US Visitng Forces Agreement (VFA), which spells out the guidelines of bilateral military exercises held here.

The issue of custody has been a thorny one and has prompted sectors to call for a review of the agreement, saying it put the Philippines at a disadvantage.

The case has been marked by controversy especially within the prosecution panel, which was bogged down by infighting as hearings wrapped up.

Nicole’s private lawyer and at least one of the state-appointed prosecutors accused the other members of their team of virtually selling out to the defense and even brokering a settlement.

The victim was found early in the morning of Nov. 2, 2005 near the Subic pier, dazed and with her pants on backwards, when she was helped by bystanders.

Nicole said she no longer wants to return to her hometown in Zamboanga, where her family ran a canteen frequented by American soldiers.

Her trip to Subic late last year with a relative culminated in a night on the town and bar hop, where she met the principal accused over a round of drinks and dancing. - Michael Punongbayan