Subic rape trial: When ‘hardly drunk’ means ‘heavily drunk’
BY ASHZEL HACHERO - Malaya
Two prosecution witnesses, both investigators at the SBMA Law Enforcement Division Intelligence Investigation Office, were grilled yesterday by the defense in the trial of the four US servicemen accused of raping a 22-year-old Filipina last year at the Subic Bay Freeport Zone.
All on what was meant by "hardly intoxicated" in relation to the condition of the victim when found by bystanders and responding officers from the SBMA-Law Enforcement Division.
Continuing the cross-examination on Paquito "Pyke" Torres, defense counsel Jose Justiniano asked him what he understood about the word which was included in the written report earlier filed by his subordinate, Ramon Paje, and given to him on the early morning of Nov. 2, 2005.
"Sir, lasing na lasing po (heavily drunk)," Torres answered.
The prosecution’s position is that the complainant was heavily drunk at the time when the alleged sexual assault took place and that she was still drunk when she was dumped near the SBMA’s Alava Pier.
Responding to a question from another defense counsel, Francisco Rodrigo, on why he did not correct the word in the report given by his subordinate before he affixed his signature to the final report, Torres said it was the report of his subordinate and that he has no right to correct, delete or expunge the word.
When asked later what he meant by the word, Paje said "As I understand the word means ‘heavily drunk.’"
Several discrepancies were also noted by the defense, including the number of signatures that were affixed by Timoteo Soriano, the driver of the van rented by the accused where the alleged incident took place, in his statement given to the SBMA investigators on the night of Nov. 2.
The four, S/Sgt. Chad Carpentier and Lance Corporals Keith Silkwood, Daniel Smith and Dominic Duplantis, were charged with the crime. Two others, Lance Corporals Albert Larra and Corrie Burris, were included in the initial complaint but were later cleared for lack of evidence.
In that statement Soriano had only one signature but when it was presented to the Olongapo city prosecutor’s office, two signatures were noted. But Torres said the second signature was signed by the driver after a city fiscal insisted that he sign.
The defense also asked him why the word "rape" was not mentioned in the report even as he insisted the complaint was rape. Torres said he did not include the word because he understood from the very beginning that it was a rape case, based on statements by his subordinates and Soriano.
Smith’s counsel, Benjamin Formoso, said Torres’ testimony is inadmissible in court as Soriano was not assisted by counsel during his interview with the investigators, as required by law.
He said even if Soriano was invited not as a suspect but a witness, he was still under custodial investigation.
In today’s hearing the prosecution will present Bruce Warshalsky, an investigator of the US Naval Criminal Investigative Service (NCIS) and US Navy Petty Officer 2 Christopher Mills as their 13th and 14th witnesses. Paje’s cross-examination was moved to Thursday, June 22
Two prosecution witnesses, both investigators at the SBMA Law Enforcement Division Intelligence Investigation Office, were grilled yesterday by the defense in the trial of the four US servicemen accused of raping a 22-year-old Filipina last year at the Subic Bay Freeport Zone.
All on what was meant by "hardly intoxicated" in relation to the condition of the victim when found by bystanders and responding officers from the SBMA-Law Enforcement Division.
Continuing the cross-examination on Paquito "Pyke" Torres, defense counsel Jose Justiniano asked him what he understood about the word which was included in the written report earlier filed by his subordinate, Ramon Paje, and given to him on the early morning of Nov. 2, 2005.
"Sir, lasing na lasing po (heavily drunk)," Torres answered.
The prosecution’s position is that the complainant was heavily drunk at the time when the alleged sexual assault took place and that she was still drunk when she was dumped near the SBMA’s Alava Pier.
Responding to a question from another defense counsel, Francisco Rodrigo, on why he did not correct the word in the report given by his subordinate before he affixed his signature to the final report, Torres said it was the report of his subordinate and that he has no right to correct, delete or expunge the word.
When asked later what he meant by the word, Paje said "As I understand the word means ‘heavily drunk.’"
Several discrepancies were also noted by the defense, including the number of signatures that were affixed by Timoteo Soriano, the driver of the van rented by the accused where the alleged incident took place, in his statement given to the SBMA investigators on the night of Nov. 2.
The four, S/Sgt. Chad Carpentier and Lance Corporals Keith Silkwood, Daniel Smith and Dominic Duplantis, were charged with the crime. Two others, Lance Corporals Albert Larra and Corrie Burris, were included in the initial complaint but were later cleared for lack of evidence.
In that statement Soriano had only one signature but when it was presented to the Olongapo city prosecutor’s office, two signatures were noted. But Torres said the second signature was signed by the driver after a city fiscal insisted that he sign.
The defense also asked him why the word "rape" was not mentioned in the report even as he insisted the complaint was rape. Torres said he did not include the word because he understood from the very beginning that it was a rape case, based on statements by his subordinates and Soriano.
Smith’s counsel, Benjamin Formoso, said Torres’ testimony is inadmissible in court as Soriano was not assisted by counsel during his interview with the investigators, as required by law.
He said even if Soriano was invited not as a suspect but a witness, he was still under custodial investigation.
In today’s hearing the prosecution will present Bruce Warshalsky, an investigator of the US Naval Criminal Investigative Service (NCIS) and US Navy Petty Officer 2 Christopher Mills as their 13th and 14th witnesses. Paje’s cross-examination was moved to Thursday, June 22
posted by OlongapoCity Zambales at
8:05 AM
0 Comments:
Post a Comment
<< Home