Subic rape witness unshaken by US Marines’ lawyers
A security guard who claimed to have seen a US Marine take a Filipino woman from a bar at Subic Freeport to a van where the woman was later allegedly raped yes-terday stuck to what he had witnessed despite attempts of the defense to discredit his testimony.
Gerard Muyot, at the same time, expressed confidence that he would be able to identify the vehicle, which is said to be a Starex van, when it is subjected to a court-ordered inspection this Friday.
Defense lawyers for the accused American soldier, Sgt. Daniel Smith, cross-examined Muyot, one of the two security guards from Vanguard Watchman Agency who said they saw what happened outside the bar at the freeport at the time, evening of Nov. 1, 2005.
Muyot during last Friday’s hearing said he saw Smith leave the bar carrying what he described as an almost unconscious woman, who later turned out to be the alleged victim, toward the green Starex van, which apparently was standing by.
The court will ask the owner of the green van to bring the vehicle to the court for inspection in order to establish where Smith was sitting when he drove away with the alleged victim on the night in question.
During yesterday’s hearing, defense lawyer Benjamin Formoso showed Muyot photographs of the bar’s exterior and asked the witness to draw a van in the area where he said he saw the vehicle.
Formoso also asked Muyot if he has good vision and the security guard replied that he never had to use reading glasses before.
Enrico Uhiyera, lawyer for Lance Cpl. Dominic Duplantis, another of the accused US Marines, for his part, asked Muyot why he did not prevent Smith from taking the alleged victim when he saw the two leaving the bar and why he failed to jot down in his logbook details of what he had seen.
Muyot said he was just able to write down the license plate of the van on the logbook but failed to jot down other details.
Although he added it was his presumption that there could be something wrong, the witness said he did not bother to accost Smith because he had no basis for doing so.
Jose Justiniano, lawyer for still another accused US Marine, Lance Cpl. Keith Silkwood, also during cross-examination questioned Muyot how he was able to see the other passengers inside the van despite the dim light inside the vehicle.
The witness said he could still see the inside of the van since the tint on the windows of the vehicle was not too dark.
During yesterday’s hearing, the court was supposed to conduct a reenactment of Smith allegedly carrying and loading the victim on the van at the request of the defense panel but the prosecution objected and asked that the actual vehicle used by the suspects be brought to the Makati Regional Trial Court (MRTC) where the hearings are being held.
Judge Benjamin Pozon of MRTC Branch 139 said he will issue a subpoena to direct the vehicle owner to bring the van to the court.
The personal psychiatrist of the alleged victim, “Nicole,” also during yesterday’s hearing, said the case is starting to take its toll on her patient, who is beginning to show traumatic emotion inside the courtroom.
“Definitely, there will be flashbacks and thoughts of what had happened. The mere fact that she saw the faces of the accused, particularly Smith, is enough torture already,” the doctor added.
When asked if they will ask the judge to keep Nicole from the trial, the psychiatrist said they will not.
“We’re just there tying to keep her calm and composed. We don’t have any other choice but to strengthen her spirit because we have to attend the trial so long as the judge wants her presence in the court,” the doctor added.
The prosecution panel also yesterday said it hopes to extract more details from the Naval Criminal Investigation Service (NCIS)of the US Navy, whose resident agent based in Manila took the witness stand, too, also yesterday.
Ronal Belts, NCIS resident agent in charge of the NCIS office in Manila, confirmed that he had led the conduct of a fact-finding investigation but refused to elaborate on their recommendation.
Belts said he was just there to gather facts and that his report has been forwarded to US higher authorities.
“We’ll use the facts that they gathered, these facts were gathered from the Marines themselves and other witnesses,” Evalyn Ursua, private prosecutor, said.
Ursua added the NCIS fact-finding investigation has been marked as one of the exhibits and that they intend to use it to their advantage.
“The findings are there, the facts are there, but they have no conclusions and recommendations, it’s only the facts,” she said.
Another NCIS agent is expected to testify on the facts. Ben Gines Jr. - Daily Tribune
Gerard Muyot, at the same time, expressed confidence that he would be able to identify the vehicle, which is said to be a Starex van, when it is subjected to a court-ordered inspection this Friday.
Defense lawyers for the accused American soldier, Sgt. Daniel Smith, cross-examined Muyot, one of the two security guards from Vanguard Watchman Agency who said they saw what happened outside the bar at the freeport at the time, evening of Nov. 1, 2005.
Muyot during last Friday’s hearing said he saw Smith leave the bar carrying what he described as an almost unconscious woman, who later turned out to be the alleged victim, toward the green Starex van, which apparently was standing by.
The court will ask the owner of the green van to bring the vehicle to the court for inspection in order to establish where Smith was sitting when he drove away with the alleged victim on the night in question.
During yesterday’s hearing, defense lawyer Benjamin Formoso showed Muyot photographs of the bar’s exterior and asked the witness to draw a van in the area where he said he saw the vehicle.
Formoso also asked Muyot if he has good vision and the security guard replied that he never had to use reading glasses before.
Enrico Uhiyera, lawyer for Lance Cpl. Dominic Duplantis, another of the accused US Marines, for his part, asked Muyot why he did not prevent Smith from taking the alleged victim when he saw the two leaving the bar and why he failed to jot down in his logbook details of what he had seen.
Muyot said he was just able to write down the license plate of the van on the logbook but failed to jot down other details.
Although he added it was his presumption that there could be something wrong, the witness said he did not bother to accost Smith because he had no basis for doing so.
Jose Justiniano, lawyer for still another accused US Marine, Lance Cpl. Keith Silkwood, also during cross-examination questioned Muyot how he was able to see the other passengers inside the van despite the dim light inside the vehicle.
The witness said he could still see the inside of the van since the tint on the windows of the vehicle was not too dark.
During yesterday’s hearing, the court was supposed to conduct a reenactment of Smith allegedly carrying and loading the victim on the van at the request of the defense panel but the prosecution objected and asked that the actual vehicle used by the suspects be brought to the Makati Regional Trial Court (MRTC) where the hearings are being held.
Judge Benjamin Pozon of MRTC Branch 139 said he will issue a subpoena to direct the vehicle owner to bring the van to the court.
The personal psychiatrist of the alleged victim, “Nicole,” also during yesterday’s hearing, said the case is starting to take its toll on her patient, who is beginning to show traumatic emotion inside the courtroom.
“Definitely, there will be flashbacks and thoughts of what had happened. The mere fact that she saw the faces of the accused, particularly Smith, is enough torture already,” the doctor added.
When asked if they will ask the judge to keep Nicole from the trial, the psychiatrist said they will not.
“We’re just there tying to keep her calm and composed. We don’t have any other choice but to strengthen her spirit because we have to attend the trial so long as the judge wants her presence in the court,” the doctor added.
The prosecution panel also yesterday said it hopes to extract more details from the Naval Criminal Investigation Service (NCIS)of the US Navy, whose resident agent based in Manila took the witness stand, too, also yesterday.
Ronal Belts, NCIS resident agent in charge of the NCIS office in Manila, confirmed that he had led the conduct of a fact-finding investigation but refused to elaborate on their recommendation.
Belts said he was just there to gather facts and that his report has been forwarded to US higher authorities.
“We’ll use the facts that they gathered, these facts were gathered from the Marines themselves and other witnesses,” Evalyn Ursua, private prosecutor, said.
Ursua added the NCIS fact-finding investigation has been marked as one of the exhibits and that they intend to use it to their advantage.
“The findings are there, the facts are there, but they have no conclusions and recommendations, it’s only the facts,” she said.
Another NCIS agent is expected to testify on the facts. Ben Gines Jr. - Daily Tribune
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Judge summons Starex van in Subic rape case
The Makati City Regional Trial Court on Monday issued a subpoena for the Starex van that was allegedly used by US marines implicated in the Subic rape case, DZMM reported.
Judge Benjamin Pozon of RTC Branch 139 said the dark green van (WKM 162) will be used to re-enact the events that took place on Nov. 1, 2005 inside the Subic Bay Free Port. The re-enactment is on Friday.
The defense panel earlier attempted to block the van from being used. Lawyers said other vans can be used for the re-enactment.
The prosecution, however, said the exact configuration of the van is important to re-enact the scene.
Meanwhile, Gerald Muyot, one of the Neptune Bar security guards who testified for the prosecution, denied being bribed in exchange for his testimony.
Muyot said that the accused US servicemen were the ones who left the bar with the complainant before the alleged rape happened. ABS-CBN NEWS
Judge summons Starex van in Subic rape case
The Makati City Regional Trial Court on Monday issued a subpoena for the Starex van that was allegedly used by US marines implicated in the Subic rape case, DZMM reported.
Judge Benjamin Pozon of RTC Branch 139 said the dark green van (WKM 162) will be used to re-enact the events that took place on Nov. 1, 2005 inside the Subic Bay Free Port. The re-enactment is on Friday.
The defense panel earlier attempted to block the van from being used. Lawyers said other vans can be used for the re-enactment.
The prosecution, however, said the exact configuration of the van is important to re-enact the scene.
Meanwhile, Gerald Muyot, one of the Neptune Bar security guards who testified for the prosecution, denied being bribed in exchange for his testimony.
Muyot said that the accused US servicemen were the ones who left the bar with the complainant before the alleged rape happened. ABS-CBN NEWS
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