Rape victim not attending hearing
THE anticipated face-off between six US servicemen accused of gang-rape in Subic Bay Freeport and their alleged victim will not materialize in today’s preliminary investigation at the Olongapo City prosecutor’s office.
"No, she will not appear. We will have her swear in before another prosecutor," said Minerva Ambrosio, the victim’s co-counsel.
She said the victim was "too traumatized and is not yet ready to face the six accused."
Ambrosio said she and other lawyers are working out ways where the victim would subscribe her affidavit before another prosecutor so she would not have to face the suspects today and on Nov. 29.
In her affidavit, the victim identified Keith Silkwood, Albert Lara, Corey Burris, Chad Carpentier, Daniel Smith and Dominic Duplantis as the ones who attacked her inside a Starex van near the Olongapo pier on Nov. 1.
Justice Secretary Raul Gonzalez said he hopes that the victim will face the accused.
"I hope the girl will really appear because that might be used by the defense to delay the proceedings and they are the ones asking for a speedy trial. Why will she not appear? I could not understand. If you are a victim and if you are outraged by what happened to you, you should appear," he said.
He said even if the victim has sworn in before another prosecutor, she would still have to face the prosecutor handling the case eventually.
Gonzalez said he received reports that the victim’s lawyers brought her to the DOJ office before noon, hoping that she could swear in before a prosecutor.
"I was not sure but I heard the complainant was downstairs. I rejected their request that I administer the swearing in because I don’t want to be accused of being biased," he said.
Ambrosio confirmed that their request was turned down by Gonzalez. She said the rejection was another evidence of the DOJ’s bias against the victim.
Earlier, Gonzalez denied lawyer Katrina Legarda’s plea to move the hearing from Olongapo City to the DOJ office in Manila.
"She (victim) was not at the DOJ, she should have been if Gonzalez granted our request. We wanted her to subscribe to her affidavit at the DOJ so she may not appear at the hearing but apparently, he was not inclined to approve it because of what happened between him and Legarda," Ambrosio said.
Ambrosio also downplayed Gonzalez’ claim that the victim’s non-appearance will affect the case.
She said what usually happens during preliminary investigation is a mere exchange of affidavits, documents and evidence.
What is more important, she said, is to keep the victim from being further traumatized. "Not all victims react that way. We must understand the situation of the victim."
She said the victim may likewise request the investigating prosecutor for a closed-door meeting. – Evangeline de Vera
"No, she will not appear. We will have her swear in before another prosecutor," said Minerva Ambrosio, the victim’s co-counsel.
She said the victim was "too traumatized and is not yet ready to face the six accused."
Ambrosio said she and other lawyers are working out ways where the victim would subscribe her affidavit before another prosecutor so she would not have to face the suspects today and on Nov. 29.
In her affidavit, the victim identified Keith Silkwood, Albert Lara, Corey Burris, Chad Carpentier, Daniel Smith and Dominic Duplantis as the ones who attacked her inside a Starex van near the Olongapo pier on Nov. 1.
Justice Secretary Raul Gonzalez said he hopes that the victim will face the accused.
"I hope the girl will really appear because that might be used by the defense to delay the proceedings and they are the ones asking for a speedy trial. Why will she not appear? I could not understand. If you are a victim and if you are outraged by what happened to you, you should appear," he said.
He said even if the victim has sworn in before another prosecutor, she would still have to face the prosecutor handling the case eventually.
Gonzalez said he received reports that the victim’s lawyers brought her to the DOJ office before noon, hoping that she could swear in before a prosecutor.
"I was not sure but I heard the complainant was downstairs. I rejected their request that I administer the swearing in because I don’t want to be accused of being biased," he said.
Ambrosio confirmed that their request was turned down by Gonzalez. She said the rejection was another evidence of the DOJ’s bias against the victim.
Earlier, Gonzalez denied lawyer Katrina Legarda’s plea to move the hearing from Olongapo City to the DOJ office in Manila.
"She (victim) was not at the DOJ, she should have been if Gonzalez granted our request. We wanted her to subscribe to her affidavit at the DOJ so she may not appear at the hearing but apparently, he was not inclined to approve it because of what happened between him and Legarda," Ambrosio said.
Ambrosio also downplayed Gonzalez’ claim that the victim’s non-appearance will affect the case.
She said what usually happens during preliminary investigation is a mere exchange of affidavits, documents and evidence.
What is more important, she said, is to keep the victim from being further traumatized. "Not all victims react that way. We must understand the situation of the victim."
She said the victim may likewise request the investigating prosecutor for a closed-door meeting. – Evangeline de Vera
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11:17 AM
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