New warrant vs GIs in rape case junked
Judge Renato Dilag of the Olongapo City Regional Trial Court Branch 73 has denied a motion filed by City Prosecutor Prodencio Jalandoni for the issuance of an "alias" warrant of arrest for the four American servicemen accused in the celebrated Subic rape case.
Dilag also denied a motion for the immediate arraignment of Lance Cpl. Daniel Smith for lack of merit.
The order came Monday, 43 days after the 60-day deadline for the Department of Justice to review the case, which would end only on March 17.
"We will just have to wait for the DOJ review of the prosecution’s resolution before we can set the arraignment," Dilag said.
On February 2, City Prosecutor Prudencio Jalandoni filed a motion to modify the order of the court that recalled the warrant of arrest against the US servicemen. Aside from Smith, the other accused are S/Sgt. Chad Carpentier, Lance Cpl. Dominic Duplantis and Lance Cpl. Kieth Silkwood.
In the same motion, the prosecution also sought the "immediate arrest and arraignment" of Smith who, up to now, has not filed a motion for a review by the Department of Justice.
Jalandoni said that in effect, Smith has admitted the allegation against him by not filing a counter affidavit and by reportedly admitting to the US Naval Criminal Investigation Service that he had sex with the complainant inside the van.
Dilag explained that the motions filed by the prosecution were denied due to "lack of merit and apparently proceeded from a misappreciation of the clear order of the court dated January 26, which orders the deferment of court proceedings and recall the arrest warrant issued against Smith and his three coaccused." Anthony Bayarong - ABS CBN NEWS
Dilag also denied a motion for the immediate arraignment of Lance Cpl. Daniel Smith for lack of merit.
The order came Monday, 43 days after the 60-day deadline for the Department of Justice to review the case, which would end only on March 17.
"We will just have to wait for the DOJ review of the prosecution’s resolution before we can set the arraignment," Dilag said.
On February 2, City Prosecutor Prudencio Jalandoni filed a motion to modify the order of the court that recalled the warrant of arrest against the US servicemen. Aside from Smith, the other accused are S/Sgt. Chad Carpentier, Lance Cpl. Dominic Duplantis and Lance Cpl. Kieth Silkwood.
In the same motion, the prosecution also sought the "immediate arrest and arraignment" of Smith who, up to now, has not filed a motion for a review by the Department of Justice.
Jalandoni said that in effect, Smith has admitted the allegation against him by not filing a counter affidavit and by reportedly admitting to the US Naval Criminal Investigation Service that he had sex with the complainant inside the van.
Dilag explained that the motions filed by the prosecution were denied due to "lack of merit and apparently proceeded from a misappreciation of the clear order of the court dated January 26, which orders the deferment of court proceedings and recall the arrest warrant issued against Smith and his three coaccused." Anthony Bayarong - ABS CBN NEWS
posted by OlongapoCity Zambales at
9:21 AM
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