5 of 6 US Marines deny raping Filipina in Subic

Subic Rape Case Hearing

OLONGAPO CITY -- Five US Marines on Tuesday denied raping a Filipino woman, with two of them saying they were not even present when the alleged assault happened, according to statements filed before prosecutors.

A lawyer for a sixth Marine refused to answer the complaint filed by the 22-year-old woman, saying his client could not respond to "piecemeal" submission of statements and evidence by the complainant and witnesses.

The woman claimed she was raped by the Marines, who had recently taken part in a counter-terrorism exercise in the northern Philippines, inside a van at Subic Bay free port, a former US Naval base northwest of Manila.

The driver was first considered a key witness but in television and radio interviews later he said he was punched twice by an investigator to force him to sign a statement saying the woman was gang-raped by the Marines.

"I categorically deny the allegation that I along with the other Marines in the van gang-raped [the] complainant,"

Staff Sergeant Chad Bryan Carpentier said in a sworn statement submitted by his lawyer before prosecutors investigating the case.

"No such crime occurred," he said.

The Marines, who have not been charged, did not attend the preliminary hearing in Olongapo city, where 100 left-wing protesters demanded an end to US counter-terrorism exercises in the Philippines and the scrapping of an agreement that allows American forces to train in the country.

The sixth American soldier, Daniel Smith, did not submit a counter-affidavit.

Atty. Katrina Legarda, lawyer of the Filipina, said that failure of accused Smith to submit a counter-affidavit “means he's taking the risk.”

Smith was tagged by Starex van driver Timoteo Soriano Jr. as the one who allegedly raped the woman while the other Marines purportedly chanted "Go Smith, Go!"

Smith's lawyer, Atty. Benjamin Formoso, said the non-submission of a counter-affidavit was due to their lack of knowledge on the nature of the complaint.

The Marines have been in the hands of the US Embassy since the alleged rape, and the US government hasn't said if they will be transferred to Philippine custody. With Anthony Deleon, INQ7.net contributor