Nicole’s lawyer to submit own memo to court

The private prosecutor representing the alleged victim in the Subic rape case will submit a memorandum to the Makati City regional trial court (RTC) separate from the one submitted by government lawyers.

Despite the rift between the victim "Nicole’s" counsel and the public prosecutors, lawyer Evalyn Ursua said her client is still entitled to argue why the accused United States Marines should be convicted of rape.

Judge Benjamin Pozon gave both the prosecution and the defense 30 days to submit their respective memoranda after the marathon hearings ended on Oct. 5.

"We will file a memorandum in behalf of private complainant Nicole," Ursua told The Star believing that the court will give credit to her own memorandum.

"It should be considered by the court or at least, it will form part of the records," she added, basing her statement on how Pozon separately ordered her to file the memorandum. "There is civil liability in this case. We need to justify conviction to be awarded civil damages."

Nicole’s private counsel clashed with DOJ state prosecutors days before defense lawyers representing Lance Corporals Daniel Smith, Keith Silkwood and Dominic Duplantis and Staff Sergeant Chad Carpentier rested their case. — Michael Punongbayan