Third court date for Subic rape case
OLONGAPO CITY — Will the victim and respondents show up?
Today (Dec. 9) is the schedule of the third preliminary investigation (PI) on the controversial rape case filed by a 22-year-old Filipina against six members of the United States Marines last Nov. 1 inside a rented van at the Subic Bay Freeport zone.
Olongapo City chief prosecutor Prudencio Jalandoni said the presence of complainant, suspects and witnesses during the PI were too important despite the submission of the counter affidavits of five of the six accused military personnel. Both parties have to be present for clarificatory questionings, he added.
One of the respondents, Daniel Smith, have yet to submit his counter affidavit beside his “oral statement” during investigation and interrogation by agents of the Naval Criminal Investigation Services (NCIS), Jalandoni said.
Jalandoni said another accused, former witness Timoteo Soriano, the driver of the green Starex van where the alleged rape took place, needs to show up at the preliminary investigation to clarify matters whether he will stand on his first sworn statement before the Subic Bay Metropolitan Authority- Intelligence and Investigation Office (SBMA-IIO) or will have another statement on his counter affidavit which he or counsel will submit before the honorable prosecution body.
Soriano, 31, a resident of no. 1 Tatiana Street, L.D. Tala, Caloocan City, driver of Tourist Bus Starways Travel and Tour located at Guadalupe, Makati City, drove one green 1999 diesel Hyundai Starex van (WKF-162) registered to Walter Wassmer of #63 Barcelona Street Merville City, Parañaque, on the night of the Nov. 1 rape incident, with five of the six accused US personnel and the Filipina woman on board.
In his first sworn statement, Soriano stated that he witnessed a rape inside the Starex van he was driving of a Filipina victim where five US military servicemen were also on board.
In his statement, about 9:30 p.m., on Nov. 1, he drove Staff Sgt. Carpenter to Arreses Restaurant where they ate dinner, then proceeded to Neptune Club. “Iyong apat na US servicemen na sina Smith at Borris at iyong dalawa na kasama pa nila na hindi ko alam ang pangalan ay naisakay ko sa may Neptune Club.”
He said he knew SSgt Carpenter, Smith and Borris for they were his customers for more than a week when they stayed in Clark Air Base.
“Bandang 10:32 ng gabi ng Nov. 01, 2005, ay pumasok kami ni SSG Carpenter sa Neptune Club, pagdating namin doon ay uminom ng tig-isang beer, samantalang si Borris ay umiinom din at ito namang si Smith ay nagsasayaw at kasayaw niya iyong babaeng nagrereklamo na kanilang pinagsamantalahan. At iyon din po ang babaeng isinakay nila sa Starex van sa may Neptune Club.”
On the last page of his statement, Soriano stated that “Narinig ko ang biktima na sumisigaw kaya lang ay hindi ko maintindihan dahil maingay itong mga Amerikano at malakas ang stereo.”
“Sinabihan ko si Carpenter na ninenerbiyos ako sa ginawa ninyo, at mga bandang alas 11:40 samantalang mabagal akong bumabagtas sa Waterfront Road at noong malapit na kami sa Subic Telecom Bldg ay bigla nilang ipinahinto ang van at hawak nitong sina Smith, Borris na isang Negro at iyong dalawa pa nilang kasama na hindi ko alam ang pangalan ay binuhat ang biktima na parang baboy at ibinaba at iniwan itong biktima sa tabi ng daan at nakita ko na ang maong na pantalon ng biktima ay nakababa hanggang tuhod.”
In the second preliminary investigation held last Nov. 29 at the Justice Hall of this city, Soriano failed to appear before the prosecution panel for clarificatory questionings. His counsel, lawyer Raul Paras, represented his client and was furnished with the necessary documents in which his client has to submit a counter affidavit this day.
Jalandoni said once the case is submitted for “resolution” it will take one more week to file the case in court. “We only have 60 days in which to finish the preliminary investigation and render a decision,” he added.
Jalandoni added if both parties would not attend this last PI and counsels for any of the parties requested for extension of time, he would deny and will base their opinions on the statements and affidavits already submitted to the prosecution panel. Malou Dungog, Manila Standard Today
Today (Dec. 9) is the schedule of the third preliminary investigation (PI) on the controversial rape case filed by a 22-year-old Filipina against six members of the United States Marines last Nov. 1 inside a rented van at the Subic Bay Freeport zone.
Olongapo City chief prosecutor Prudencio Jalandoni said the presence of complainant, suspects and witnesses during the PI were too important despite the submission of the counter affidavits of five of the six accused military personnel. Both parties have to be present for clarificatory questionings, he added.
One of the respondents, Daniel Smith, have yet to submit his counter affidavit beside his “oral statement” during investigation and interrogation by agents of the Naval Criminal Investigation Services (NCIS), Jalandoni said.
Jalandoni said another accused, former witness Timoteo Soriano, the driver of the green Starex van where the alleged rape took place, needs to show up at the preliminary investigation to clarify matters whether he will stand on his first sworn statement before the Subic Bay Metropolitan Authority- Intelligence and Investigation Office (SBMA-IIO) or will have another statement on his counter affidavit which he or counsel will submit before the honorable prosecution body.
Soriano, 31, a resident of no. 1 Tatiana Street, L.D. Tala, Caloocan City, driver of Tourist Bus Starways Travel and Tour located at Guadalupe, Makati City, drove one green 1999 diesel Hyundai Starex van (WKF-162) registered to Walter Wassmer of #63 Barcelona Street Merville City, Parañaque, on the night of the Nov. 1 rape incident, with five of the six accused US personnel and the Filipina woman on board.
In his first sworn statement, Soriano stated that he witnessed a rape inside the Starex van he was driving of a Filipina victim where five US military servicemen were also on board.
In his statement, about 9:30 p.m., on Nov. 1, he drove Staff Sgt. Carpenter to Arreses Restaurant where they ate dinner, then proceeded to Neptune Club. “Iyong apat na US servicemen na sina Smith at Borris at iyong dalawa na kasama pa nila na hindi ko alam ang pangalan ay naisakay ko sa may Neptune Club.”
He said he knew SSgt Carpenter, Smith and Borris for they were his customers for more than a week when they stayed in Clark Air Base.
“Bandang 10:32 ng gabi ng Nov. 01, 2005, ay pumasok kami ni SSG Carpenter sa Neptune Club, pagdating namin doon ay uminom ng tig-isang beer, samantalang si Borris ay umiinom din at ito namang si Smith ay nagsasayaw at kasayaw niya iyong babaeng nagrereklamo na kanilang pinagsamantalahan. At iyon din po ang babaeng isinakay nila sa Starex van sa may Neptune Club.”
On the last page of his statement, Soriano stated that “Narinig ko ang biktima na sumisigaw kaya lang ay hindi ko maintindihan dahil maingay itong mga Amerikano at malakas ang stereo.”
“Sinabihan ko si Carpenter na ninenerbiyos ako sa ginawa ninyo, at mga bandang alas 11:40 samantalang mabagal akong bumabagtas sa Waterfront Road at noong malapit na kami sa Subic Telecom Bldg ay bigla nilang ipinahinto ang van at hawak nitong sina Smith, Borris na isang Negro at iyong dalawa pa nilang kasama na hindi ko alam ang pangalan ay binuhat ang biktima na parang baboy at ibinaba at iniwan itong biktima sa tabi ng daan at nakita ko na ang maong na pantalon ng biktima ay nakababa hanggang tuhod.”
In the second preliminary investigation held last Nov. 29 at the Justice Hall of this city, Soriano failed to appear before the prosecution panel for clarificatory questionings. His counsel, lawyer Raul Paras, represented his client and was furnished with the necessary documents in which his client has to submit a counter affidavit this day.
Jalandoni said once the case is submitted for “resolution” it will take one more week to file the case in court. “We only have 60 days in which to finish the preliminary investigation and render a decision,” he added.
Jalandoni added if both parties would not attend this last PI and counsels for any of the parties requested for extension of time, he would deny and will base their opinions on the statements and affidavits already submitted to the prosecution panel. Malou Dungog, Manila Standard Today
posted by OlongapoCity Zambales at
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