Defense wants dope on ‘Nicole'
BY JEFFERSON ANTIPORDA, The Manila Times Reporter
Defense lawyers of the four American marines charged with raping a 22-year-old Filipina in Subic last year will ask the court to be allowed to pursue their line of questioning which the prosecution objected to during the cross-examination of a medicolegal officer who examined the complainant.
Antonio Rebosa, the latest addition to the defense panel, will file a motion for reconsideration next week to ask Judge Benjamin Pozon of Branch 139 of the Makati Regional Trial Court to permit the defense to ask about the interview Dr. Rolando Ortiz had with the complainant, identified only as "Nicole," before she underwent medical examination.
During Thursday’s hearing Judge Pozon barred Rebosa from asking Ortiz about the sexual history and other details of Nicole after prosecution lawyer Evalyn Ursua objected, saying the interview is privileged communication between patient and doctor.
On trial for rape are Daniel Smith, Keith Silkwood, Dominic Duplantis and Chad Carpentier.
In an interview Rebosa said there was nothing wrong in asking Ortiz about Nicole’s sexual history and other related matters because the doctor’s testimony is part of the medicolegal examination.
"Privileged communication between the doctor and patient can be raised only in civil cases and should not be applied to criminal proceedings like what we are having now," Rebosa said.
Rebosa, who is also a doctor, is optimistic that the judge will grant the motion, which must be filed before Wednesday.
The prosecution has five days to file its comments on the motion.
Defense lawyers of the four American marines charged with raping a 22-year-old Filipina in Subic last year will ask the court to be allowed to pursue their line of questioning which the prosecution objected to during the cross-examination of a medicolegal officer who examined the complainant.
Antonio Rebosa, the latest addition to the defense panel, will file a motion for reconsideration next week to ask Judge Benjamin Pozon of Branch 139 of the Makati Regional Trial Court to permit the defense to ask about the interview Dr. Rolando Ortiz had with the complainant, identified only as "Nicole," before she underwent medical examination.
During Thursday’s hearing Judge Pozon barred Rebosa from asking Ortiz about the sexual history and other details of Nicole after prosecution lawyer Evalyn Ursua objected, saying the interview is privileged communication between patient and doctor.
On trial for rape are Daniel Smith, Keith Silkwood, Dominic Duplantis and Chad Carpentier.
In an interview Rebosa said there was nothing wrong in asking Ortiz about Nicole’s sexual history and other related matters because the doctor’s testimony is part of the medicolegal examination.
"Privileged communication between the doctor and patient can be raised only in civil cases and should not be applied to criminal proceedings like what we are having now," Rebosa said.
Rebosa, who is also a doctor, is optimistic that the judge will grant the motion, which must be filed before Wednesday.
The prosecution has five days to file its comments on the motion.
posted by OlongapoCity Zambales at
5:55 PM
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