Olongapo SubicBay BatangGapo Newscenter

Saturday, February 11, 2006

Judge won't call in alleged Subic rape victim yet

THE JUDGE hearing the Subic rape case has denied motions for reconsideration to call in the Filipina who accused four US Marines of raping her and to re-include the soldiers’ Filipino driver as an accused.

Olongapo regional trial court Judge Renato Dilag denied the motion filed by the lawyer of Lance Corporal Daniel Smith, who asked the court to find probable cause in the charge of rape by calling on the 22-year-old complainant, and to recall the arrest warrant.

Dilag said the second request was rendered academic when he withdrew the arrest order in January since the four accused were in the custody of the law, referring to their voluntary submission to the US Embassy in Manila.

He also turned down the motion of the prosecution panel to re-include van driver Timoteo Soriano Jr. in the case because he was "not convinced' by the argument of the prosecutors that Soriano conspired with the soldiers in sexually assaulting the woman.

Prosecutors allege that Smith raped the Filipina last November 1 inside the rented van at Subic Bay, a former US naval base northwest of Manila, as fellow Marines cheered him on.

The soldiers were on liberty after counterterrorism maneuvers with Filipino troops when the alleged rape occurred.

The four Marines are under the custody of the US embassy that cited the Visiting Forces Agreement as its basis for not turning them over to Philippine authorities.

This refusal to hand over the suspects has sparked anti-US sentiments, resulting in several protests and prompting legislators to push for the abrogation of the VFA, which gives US troops taking part in joint military exercises protection from criminal prosecution. (AsianJournal - INQ7)

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