Olongapo SubicBay BatangGapo Newscenter

Thursday, March 16, 2006

Four Marines’ hearing scheduled

By Oliver Teves, Associated Press

MANILA, Philippines — A Philippine judge on Wednesday scheduled the arraignment of four U.S. Marines accused of raping a Filipino woman for next week, and a lawyer for the main defendant said his client was ready for trial.

“I just don’t want to waste time,” said Judge Renato Dilag of the Regional Trial Court in Olongapo city, northwest of Manila.

Dilag said he will ask the alleged victim to be present at the March 24 arraignment, but would go ahead with the proceedings even if she does not attend.

Prosecutors allege that one of the Marines, Lance Cpl. Daniel Smith, raped the 22-year-old woman on Nov. 1 inside a van at the former U.S. naval base at Subic Bay as three fellow Marines cheered him on.

“In so far as Smith is concerned, we are ready,” said Smith’s lawyer, Benjamin Formoso.

Formoso said his client wants the case to be resolved soon.

“They really want to get out of this case already because ... no matter what, even if you are under U.S. custody, your liberty is constrained,” Formoso said.

The U.S. Embassy in Manila, invoking a bilateral military agreement, has refused to turn over the Marines to Philippine authorities.

The decision has infuriated many in the former U.S. colony and has prompted a joint congressional committee to call for the abrogation of the Visiting Forces Agreement. The agreement governs large-scale U.S.-Philippine military exercises and also allows American authorities to detain U.S. troops accused of crimes in the country.

The rape case is seen as a black mark on U.S. military exercises that have been credited with helping weaken al-Qaida-linked militants in the southern Philippines.

Formoso expressed confidence that his client will be absolved.

“We have our own ... quality witnesses who have personal knowledge and their testimonies have direct bearing on the charge,” he said.

Rape is a capital offense in the Philippines.

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