Olongapo SubicBay BatangGapo Newscenter

Sunday, January 01, 2006

2 US Marines in Subic rape case back in Okinawa

By Veronica Uy, INQ7.net, Associated Press

TWO US Marines, cleared in a case that has led to rape charges against four colleagues, have been released from US Embassy custody in the Philippines and have returned to their home unit in Okinawa, an embassy official said.

Stacy MacTaggert of the embassy's public affairs office told INQ7.net on Thursday that since the Olongapo City Prosecutor's Office cleared Lance Corporals Corey Burris and Albert Lara of the charge, they had been flown to Okinawa.

"Yes, they have been released," a US Embassy official who declined to be identified told the Associated Press earlier on Thursday.

"Since all complaints against them have been dismissed by the [Olongapo] city prosecutor's office... they have returned to their unit in Okinawa," the official said. Prosecutors on Tuesday filed rape charges against four other Marines and the Filipino driver of their rented van before a regional trial court in Olongapo, near the site of the alleged November 1 rape.

The complaint against Burris and Lara was dismissed for lack of evidence.

Lawyers for the alleged victim said Wednesday they might file a motion for reconsideration to have Burris and Lara included among the accused.

In documents submitted to the court, Olongapo City Prosecutor Prudencio Jalandoni alleged that Marine Lance Cpl. Daniel Smith raped a 22-year-old woman inside a van at Subic Bay free port, a former U.S. naval base northwest of Manila, while his fellow Marines cheered him on to the beat of loud music.

Also charged were Lance Cpl. Keith Silkwood, Lance Cpl. Dominic Duplantis and Staff Sergeant Chad Carpentier.

Smith's lawyer, Benjamin Formoso, said Thursday his client was not worried about the charge, saying Smith maintains he only had "consensual sex."

"There was no force, no violence, no drugs whatsoever administered on her," Formoso said in a telephone interview. "There was no rape."

Justice Secretary Raul Gonzalez said Wednesday that a possible battle looms over custody of the four accused U.S. Marines, with Manila and Washington both insisting on custody.

Lawmakers and prosecutors urged the government to demand custody to ensure the accused are arraigned, do not flee the country, and the country's sovereignty is upheld.

The case, seen as a crucial test of an accord allowing American troops to train in the Philippines, will not affect bilateral ties, presidential spokesperson Ignacio Bunye said.

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