Prosecutors deny 6 GIs' bid for more time
By Tonette Orejas Inquirer News Service
The appeal of six American rape suspects for 10 more days to file their counter-affidavits was yesterday junked by the prosecutors' office here.
"We do not find their reasons meritorious," Raymond Viray, first assistant prosecutor of Olongapo, said of the US servicemen accused of raping a Filipino woman on Nov. 1 in Subic.
The prosecutors' office also denied the motion of the law firm Rodrigo Berenguer & Guno, which represents Chad Brian Carpentier (not Carpenter, as earlier reported), to cancel the first hearing scheduled on Nov. 23.
Viray said the hearing would "definitely proceed."
Along with Prosecutor Prudencio Jalandoni, Viray was assigned by Justice Secretary Raul Gonzalez to determine whether there was probable cause for the rape complaint to proceed to trial.
The lawyers of Carpentier, Daniel Smith, Dominic Duplantis and Keith Silkwood filed the motions earlier yesterday, the day they were required to file their counter-affidavits.
Viray said the suspects could still file their respective counter-affidavits but their lawyers would have to argue for admission.
He also said that while it was "not mandatory" for the six suspects to appear before prosecutors on Nov. 23, "they will miss the opportunity to answer clarificatory questions."
'Compelling reasons'
At about 4 p.m. yesterday, the SyCip Salazar law office filed on behalf of Corey Burris and Albert Lara a similar motion asking for an extension of the deadline for the filing of their counter-affidavits.
The law firm Formoso Navarro & Formoso, representing Smith, cited "compelling reasons" to extend the deadline. It said it was required to submit a formal request before it was allowed access to the evidence submitted by the 22-year-old complainant.
"In addition, efforts to obtain the testimonies of the witnesses for Smith, some of whom are members of the United States Marine Corps, have been stymied due primarily to the fact that they are currently engaged in military exercises in Okinawa, Japan," the law firm said.
Driver Timoteo Soriano Jr. had said it was Smith who sat next to the woman at the third back row of the rented van where the alleged rape took place.
In a sworn statement, Soriano said he had heard the soldiers shout, "Go, go, go, Smith, go!" while Smith abused the woman.
Rodrigo Berenguer & Guno cited the need for more time "owing to heavy pressure of work in other equally important cases." It said it was still gathering information and documents for Carpentier's defense.
Another law firm, Coluso Chica & Associates, said its services were "just engaged recently" to represent Duplantis and Silkwood.
It said the "gravity" of the offense charged required more time to evaluate the case and gather information.
No 'proper request'
In Manila, a highly placed source told the Inquirer that the Department of Foreign Affairs (DFA) had served notice to the US Embassy that the latter did not make a "proper request" to take custody of the six servicemen.
The source said this was the essence of the communication sent Wednesday by the DFA to US officials in seeking custody of the suspects. The move was disclosed by Foreign Undersecretary Rafael Seguis upon grilling by lawmakers at a public hearing on Thursday.
"The DFA told the embassy that we did not receive a request, a proper request, for initial US custody," said the source, speaking on condition of anonymity.
The source gave this reply when asked what were the DFA's grounds for seeking custody.
In an earlier interview yesterday, Undersecretary Zosimo Paredes, executive director of the Presidential Commission on the VFA (Visiting Forces Agreement), said the United States might just be exercising "de facto custody" of the accused because "no formal request has been made at the diplomatic level."
"Since there's no formal request yet, theoretically the custody is still with the Philippines," Paredes said.
Confidence
Executive Secretary Eduardo Ermita is confident that the Philippine government can still gain custody of the six US servicemen.
In a phone patch interview with reporters, Ermita said he was "very sure" that the DFA and the Department of Justice would "do what they think may be proper in the circumstances."
Ermita said the "contentious issue" was whether the Philippine authorities' request for custody should be in writing, "or do we have automatic jurisdiction over [the suspects]?"
He said he would leave it to the two agencies to make the interpretation.
In Busan, South Korea, Foreign Secretary Alberto Romulo said the Philippine government would not block any move to amend provisions of the VFA as a result of the alleged rape.
"If they so desire, then we support that," Romulo told reporters in reference to Congress, which has the power to revise the 1999 agreement between Manila and Washington.
Romulo, a former senator, refused to cite specific VFA provisions.
"Members of Congress are wise," he said. He said the DFA would leave the decision to lawmakers. "But we will certainly participate and give our view."
'Pro-foreigner'
The militant group Migrante International assailed the DFA for its supposed "pro-foreigner" attitude.
Migrante chair Connie Bragas-Regalado said Seguis' statements on Wednesday to the bicameral legislative oversight committee on the VFA revealed that the department was "more concerned with the welfare of foreigners who commit crimes in Philippine territory, just as they favor employers and recruiters who abuse [Filipino workers] abroad." With reports from Volt Contreras, Christine O. Avendaño and Jerome Aning in Manila; Christian V. Esguerra in South Korea
The appeal of six American rape suspects for 10 more days to file their counter-affidavits was yesterday junked by the prosecutors' office here.
"We do not find their reasons meritorious," Raymond Viray, first assistant prosecutor of Olongapo, said of the US servicemen accused of raping a Filipino woman on Nov. 1 in Subic.
The prosecutors' office also denied the motion of the law firm Rodrigo Berenguer & Guno, which represents Chad Brian Carpentier (not Carpenter, as earlier reported), to cancel the first hearing scheduled on Nov. 23.
Viray said the hearing would "definitely proceed."
Along with Prosecutor Prudencio Jalandoni, Viray was assigned by Justice Secretary Raul Gonzalez to determine whether there was probable cause for the rape complaint to proceed to trial.
The lawyers of Carpentier, Daniel Smith, Dominic Duplantis and Keith Silkwood filed the motions earlier yesterday, the day they were required to file their counter-affidavits.
Viray said the suspects could still file their respective counter-affidavits but their lawyers would have to argue for admission.
He also said that while it was "not mandatory" for the six suspects to appear before prosecutors on Nov. 23, "they will miss the opportunity to answer clarificatory questions."
'Compelling reasons'
At about 4 p.m. yesterday, the SyCip Salazar law office filed on behalf of Corey Burris and Albert Lara a similar motion asking for an extension of the deadline for the filing of their counter-affidavits.
The law firm Formoso Navarro & Formoso, representing Smith, cited "compelling reasons" to extend the deadline. It said it was required to submit a formal request before it was allowed access to the evidence submitted by the 22-year-old complainant.
"In addition, efforts to obtain the testimonies of the witnesses for Smith, some of whom are members of the United States Marine Corps, have been stymied due primarily to the fact that they are currently engaged in military exercises in Okinawa, Japan," the law firm said.
Driver Timoteo Soriano Jr. had said it was Smith who sat next to the woman at the third back row of the rented van where the alleged rape took place.
In a sworn statement, Soriano said he had heard the soldiers shout, "Go, go, go, Smith, go!" while Smith abused the woman.
Rodrigo Berenguer & Guno cited the need for more time "owing to heavy pressure of work in other equally important cases." It said it was still gathering information and documents for Carpentier's defense.
Another law firm, Coluso Chica & Associates, said its services were "just engaged recently" to represent Duplantis and Silkwood.
It said the "gravity" of the offense charged required more time to evaluate the case and gather information.
No 'proper request'
In Manila, a highly placed source told the Inquirer that the Department of Foreign Affairs (DFA) had served notice to the US Embassy that the latter did not make a "proper request" to take custody of the six servicemen.
The source said this was the essence of the communication sent Wednesday by the DFA to US officials in seeking custody of the suspects. The move was disclosed by Foreign Undersecretary Rafael Seguis upon grilling by lawmakers at a public hearing on Thursday.
"The DFA told the embassy that we did not receive a request, a proper request, for initial US custody," said the source, speaking on condition of anonymity.
The source gave this reply when asked what were the DFA's grounds for seeking custody.
In an earlier interview yesterday, Undersecretary Zosimo Paredes, executive director of the Presidential Commission on the VFA (Visiting Forces Agreement), said the United States might just be exercising "de facto custody" of the accused because "no formal request has been made at the diplomatic level."
"Since there's no formal request yet, theoretically the custody is still with the Philippines," Paredes said.
Confidence
Executive Secretary Eduardo Ermita is confident that the Philippine government can still gain custody of the six US servicemen.
In a phone patch interview with reporters, Ermita said he was "very sure" that the DFA and the Department of Justice would "do what they think may be proper in the circumstances."
Ermita said the "contentious issue" was whether the Philippine authorities' request for custody should be in writing, "or do we have automatic jurisdiction over [the suspects]?"
He said he would leave it to the two agencies to make the interpretation.
In Busan, South Korea, Foreign Secretary Alberto Romulo said the Philippine government would not block any move to amend provisions of the VFA as a result of the alleged rape.
"If they so desire, then we support that," Romulo told reporters in reference to Congress, which has the power to revise the 1999 agreement between Manila and Washington.
Romulo, a former senator, refused to cite specific VFA provisions.
"Members of Congress are wise," he said. He said the DFA would leave the decision to lawmakers. "But we will certainly participate and give our view."
'Pro-foreigner'
The militant group Migrante International assailed the DFA for its supposed "pro-foreigner" attitude.
Migrante chair Connie Bragas-Regalado said Seguis' statements on Wednesday to the bicameral legislative oversight committee on the VFA revealed that the department was "more concerned with the welfare of foreigners who commit crimes in Philippine territory, just as they favor employers and recruiters who abuse [Filipino workers] abroad." With reports from Volt Contreras, Christine O. Avendaño and Jerome Aning in Manila; Christian V. Esguerra in South Korea
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