No rape: Subic driver contradicts his 1st affidavit

By Tonette Orejas, Ansbert Joaquin -- Inquirer

OLONGAPO CITY—Now he’s singing a different tune.

Timoteo Soriano Jr., driver of the van used by the US Marines accused of raping a 22-year-old Filipino woman at the Subic Bay Freeport on Nov. 1, has denied witnessing the crime inside his vehicle.

In a three-page sworn statement submitted yesterday by his lawyer, Jose Raulito Paras, Soriano also said he was coerced by Subic Bay Metropolitan Authority investigator Paquito Torres into claiming that he had witnessed the gang rape of the woman.

Paras said his client was neither a witness for the woman nor an accomplice of the US servicemen in the rape that supposedly took place in his van as it drove through the Subic port on the night of Nov. 1.

Soriano, 31, as well as the woman and her alleged rapists, was not present at the third and final hearing of the case's preliminary investigation held yesterday.

Olongapo City Prosecutor Prudencio Jalandoni was angered by the actions of Paras and Soriano. He said the two men were "making a mockery of the proceedings."

At the same hearing, Paras also filed a four-page motion seeking Soriano's exclusion as a respondent in the case.

Soriano said there was "absolutely no cause" for his inclusion.

Not recanting

Paras, however, declined to call Soriano's sworn statement dated Dec. 8 a recantation of the first statement dated Nov. 2, or a counter-affidavit.

But in his second statement, Soriano contradicted his first, which, he said, he was forced into signing.

While Soriano's first statement recounted in detail the supposed events on the night of Nov. 1, the second statement only mentioned that he drove some American servicemen on "liberty" in Subic on the night of Nov. 1 until 1:30 a.m. of the next day.

Jalandoni noted the Dec. 8 document, and asked that it be subscribed to him by Soriano before Dec. 19, the extended deadline for the submission of memoranda by the opposing parties.

The prosecutor said Soriano remained an accomplice because, based on the evidence submitted, he had shown "some complicity" in the alleged rape.

Exasperation

Minerva Ambrosio, one of the lead lawyers for the woman, expressed exasperation at the turn of events.

But Jalandoni said Soriano's Nov. 2 sworn statement remained on the record.

Ambrosio countered that the statement might be deemed inadmissible because Soriano made it in the absence of his lawyer—a violation of the Miranda Doctrine that guarantees the right of the accused to have a lawyer present during questioning.

After the hearing, Ambrosio told the Inquirer that losing Soriano as a witness had not weakened the case.

"It's the complainant's statement that will see her complaint through," Ambrosio said.

With Soriano wanting out of the case, only Ma. Fe Castro, Subic Bay Metropolitan Authority security officer Noel Paule and two Neptune Bar and Restaurant security guards are left as witnesses.

All three were not present at yesterday's hearing.

Correa's affidavit

At the last hearing on Nov. 29, five of the six US servicemen submitted their version of events in sworn statements, disputing the allegation of rape and suggesting there was "consensual sex."

The sixth soldier has yet to submit his sworn statement.

At yesterday's hearing, the lawyers of two respondents-Corporal Corey Burris and Lance Corporal Albert Lara-submitted an affidavit of their fellow Marine, Corporal Juan Victor Correa III.

In the two-page statement sworn before the judge advocate of the US Marine Corps at Naha, Japan, Correa said he did "not remember" seeing Burris and Lara, as well as the co-accused—Lance Corporals Daniel Smith, Keith Silkwood and Dominic Duplantis—"hanging, dancing or talking with any Filipina."

Correa also said he, Burris, Lara and one Corporal Balaszek ate together at a pizza parlor and saw Burris and Lara walk to their ship.

Soriano's account

In his Dec. 8 statement, Soriano said he was accosted at the gates of the Subic Bay Freeport as he was leaving and brought to the "Subic headquarters"-an apparent reference to the SBMA's Intelligence and Investigation Service Office.

He said that he saw a number of American officials there, and that in an office, SBMA investigator Torres showed him his lost trip ticket.

This was Soriano's account, as stated in his statement:

Torres asked Soriano if he had witnessed a rape inside the Starex van that he was driving

He answered: "None."

Torres then punched him twice in the back, an action that was witnessed by an unnamed official and a Filipino from the US Embassy.

The two witnesses later went out of the office, leaving Soriano and Torres behind.

Torres asked Soriano some questions, typed his answers, and then showed him a copy of his statement.

"I complained when I read in the document that I claimed having witnessed a gang rape," Soriano said.

He refused to sign it.

The following morning, Soriano was again brought to the headquarters and told to sign the statement.

"Tired and without sleep, combined with fear of being involved in the case, I decided to sign the document," he said.

He was sent home afterward.

To interview victim

Jalandoni told the Inquirer that he wanted to hear the woman's story before wrapping up the case.

He said the woman's credibility should be established.

"I want to meet her, interview her, before we prepare the resolution. That's an ideal situation. I'm willing to meet her outside the [hearing] proceedings," Jalandoni said.

The accused Marines are being held in the custody of the US Embassy in Manila.

Washington has not responded to a request by the Philippine Department of Foreign Affairs to transfer custody of the soldiers to local authorities.

"We will resolve the case before Christmas," Reuters quoted Jalandoni as saying.

Outside Olongapo's Hall of Justice, dozens of members of the militant women's alliance Gabriela protested. They demanded the scrapping of the RP-US Visiting Forces Agreement, which allows US soldiers to train and advise Philippine troops.