US serviceman accused of rape asks DoJ to dismiss case
By Tetch Torres, INQ7.net
ONE of four US servicemen accused of raping a Filipina at the former Subic naval base in Zambales province on November 1 has asked the Department of Justice (DoJ) to dismiss the case against him.
In a 34-page petition for review, Chad Brian Carpentier said the Olongapo Prosecutor's Office committed "palpable errors" when he was charged with the crime.
Carpentier said the findings of the Olongapo prosecutors were "results of a distorted and erroneous interpretation of facts and a failure to consider material evidence on record."
He said there was no proof in the medico-legal report that there was rape.
Carpentier said the contusions in the body of the alleged victim showed that there was no resistance on her part.
He added that there was also no proof that he and his fellow Marines took advantage of the Filipina who he claimed was "too drunk."
Aside from Carpentier, also charged with rape before the Olongapo regional trial court were Daniel Smith, Keith Silkwood, Dominic Duplantis, and Timoteo Soriano Jr., the Filipino driver of the van where the crime was allegedly committed.
Meanwhile, Olongapo Chief Prosecutor Prudencio Jalandoni said they were anticipating the release of the warrants of arrest against the four accused.
He said neither the petition filed by Carpentier nor the Philippines and US' negotiations for the custody of the four Americans would prevent the issuance of the arrest warrants.
"The only thing that will probably be deferred is the arraignment if they will file the appropriate motions in court," Jalandoni said.
"Even the DFA's [Department of Foreign Affairs'] negotiation with the US Embassy on the custody will not stop the court from issuing the warrant of arrest," he added.
Meanwhile, an official from the Olongapo Prosecutor's Office insisted that the DFA had asked Judge Renato Dilag to defer issuing the arrest warrants against the American soldiers.
"Yes there was [a request]," said the official when INQ7.net asked him again on Thursday whether Dilag had been asked not to order the arrest that was supposed to have taken place Wednesday.
Earlier on Thursday DFA spokesman Gilbert Asuque denied that the DFA had made the request.
The disclosure by the official from Olongapo on Wednesday to INQ7.net was confirmed by an official from the Department of Justice. Both however requested that they not be identified.
The case has drawn widespread media attention in this former US colony, and human rights advocates say it has opened up old wounds caused by past abuses.
It is also being seen as a litmus test for the Visiting Forces Agreement (VFA), a treaty that grants limited immunity to criminal prosecution of US soldiers taking part in anti-terrorist joint exercises here. The VFA was negotiated after the 1992 closure of all permanent US military bases in the Philippines.
The US embassy in Manila had invoked the treaty in refusing to hand over the suspects, but said diplomats would turn the Marines over to authorities if the four were formally charged.
Rape in the Philippines is punishable by life imprisonment or death if there are aggravating circumstances.
ONE of four US servicemen accused of raping a Filipina at the former Subic naval base in Zambales province on November 1 has asked the Department of Justice (DoJ) to dismiss the case against him.
In a 34-page petition for review, Chad Brian Carpentier said the Olongapo Prosecutor's Office committed "palpable errors" when he was charged with the crime.
Carpentier said the findings of the Olongapo prosecutors were "results of a distorted and erroneous interpretation of facts and a failure to consider material evidence on record."
He said there was no proof in the medico-legal report that there was rape.
Carpentier said the contusions in the body of the alleged victim showed that there was no resistance on her part.
He added that there was also no proof that he and his fellow Marines took advantage of the Filipina who he claimed was "too drunk."
Aside from Carpentier, also charged with rape before the Olongapo regional trial court were Daniel Smith, Keith Silkwood, Dominic Duplantis, and Timoteo Soriano Jr., the Filipino driver of the van where the crime was allegedly committed.
Meanwhile, Olongapo Chief Prosecutor Prudencio Jalandoni said they were anticipating the release of the warrants of arrest against the four accused.
He said neither the petition filed by Carpentier nor the Philippines and US' negotiations for the custody of the four Americans would prevent the issuance of the arrest warrants.
"The only thing that will probably be deferred is the arraignment if they will file the appropriate motions in court," Jalandoni said.
"Even the DFA's [Department of Foreign Affairs'] negotiation with the US Embassy on the custody will not stop the court from issuing the warrant of arrest," he added.
Meanwhile, an official from the Olongapo Prosecutor's Office insisted that the DFA had asked Judge Renato Dilag to defer issuing the arrest warrants against the American soldiers.
"Yes there was [a request]," said the official when INQ7.net asked him again on Thursday whether Dilag had been asked not to order the arrest that was supposed to have taken place Wednesday.
Earlier on Thursday DFA spokesman Gilbert Asuque denied that the DFA had made the request.
The disclosure by the official from Olongapo on Wednesday to INQ7.net was confirmed by an official from the Department of Justice. Both however requested that they not be identified.
The case has drawn widespread media attention in this former US colony, and human rights advocates say it has opened up old wounds caused by past abuses.
It is also being seen as a litmus test for the Visiting Forces Agreement (VFA), a treaty that grants limited immunity to criminal prosecution of US soldiers taking part in anti-terrorist joint exercises here. The VFA was negotiated after the 1992 closure of all permanent US military bases in the Philippines.
The US embassy in Manila had invoked the treaty in refusing to hand over the suspects, but said diplomats would turn the Marines over to authorities if the four were formally charged.
Rape in the Philippines is punishable by life imprisonment or death if there are aggravating circumstances.
posted by OlongapoCity Zambales at
7:58 PM
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