Prosecutors demand DNA of rape suspect
By JEFFERSON ANTIPORDA, The Manila Times Reporter
The prosecution wants to compel the accused in the Subic rape case to provide the appropriate government agency with a sample of his DNA so it could be compared with traces of biological fluid found in the underwear of the complainant.
So far, the defense has yet to submit its reply to the motion filed for the purpose.
In the latest hearing of the case at the Regional Trial Court on Tuesday, Chief Inspector Francisco Supe Jr., head of the Forensic DNA Analysis Section, Crime Laboratory, Philippine National Police, testified that the 22-year-old complainant had had sexual intercourse on the night the alleged rape occurred.
The complainant, given the pseudonym Nicole by the court to hide her true identity, accused Lance Cpl. Daniel Smith, a member of the US marine corps, of sexually assaulting her in a moving van at the Subic Bay Metropolitan Authority on the night of November 1 last year.
Nicole charged three other US marines, Chad Carpentier, Dominic Duplantis and Keith Silkwood, with conspiracy. She said the three men cheered Smith on as he forced himself on her.
Supe said the crotch and back of the complainant’s panties yielded both male and female DNAs. He added the female DNA matched the sample provided by the complainant. The male DNA on the underwear, he also said, could be semen or saliva.
The prosecution has yet to establish the source of the body fluid deemed to have come from a male.
As regards the condom, the witness said, only female DNA was found on it. He testified further that the condom yielded no male DNA, either on the outer or inner part, probably because of its exposure to the environment
The SBMA Intelligence and Investigation Office had obtained the underwear, along with the condom allegedly used by the accused, and sent them to the PNP for analysis.
Jose Justiniano, counsel for Smith, played down the significance of the testimony, saying the presence of body fluids proves the occurrence of sexual intercourse but not necessarily of rape.
Meanwhile, a group calling itself Task Force Subic Rape Secretariat distributed pamphlets in which the complainant expressed her disgust at the statement given by Smith to The Associated Press.
"He has no right to say that I have ruined his promotion and his military career," Nicole said. "It was he who ruined my life."
On the claim made by Smith that he could not understand why she charged him with rape when she seemed so nice to him, Nicole said in reply, "Yes, I was nice [to him] that night, but how did he repay me? He violated my trust. [He repaid] the kindness by abusing me."
Two Japanese women were seen in court, jotting down notes during the whole length of the proceedings. After the hearing, the two, Masayo Niwa and Miho Naghashi, explained they were members of nongovernment organizations in their country.
The women said they planned to disseminate the information they gathered to solicit funds in Japan for Nicole.
The prosecution wants to compel the accused in the Subic rape case to provide the appropriate government agency with a sample of his DNA so it could be compared with traces of biological fluid found in the underwear of the complainant.
So far, the defense has yet to submit its reply to the motion filed for the purpose.
In the latest hearing of the case at the Regional Trial Court on Tuesday, Chief Inspector Francisco Supe Jr., head of the Forensic DNA Analysis Section, Crime Laboratory, Philippine National Police, testified that the 22-year-old complainant had had sexual intercourse on the night the alleged rape occurred.
The complainant, given the pseudonym Nicole by the court to hide her true identity, accused Lance Cpl. Daniel Smith, a member of the US marine corps, of sexually assaulting her in a moving van at the Subic Bay Metropolitan Authority on the night of November 1 last year.
Nicole charged three other US marines, Chad Carpentier, Dominic Duplantis and Keith Silkwood, with conspiracy. She said the three men cheered Smith on as he forced himself on her.
Supe said the crotch and back of the complainant’s panties yielded both male and female DNAs. He added the female DNA matched the sample provided by the complainant. The male DNA on the underwear, he also said, could be semen or saliva.
The prosecution has yet to establish the source of the body fluid deemed to have come from a male.
As regards the condom, the witness said, only female DNA was found on it. He testified further that the condom yielded no male DNA, either on the outer or inner part, probably because of its exposure to the environment
The SBMA Intelligence and Investigation Office had obtained the underwear, along with the condom allegedly used by the accused, and sent them to the PNP for analysis.
Jose Justiniano, counsel for Smith, played down the significance of the testimony, saying the presence of body fluids proves the occurrence of sexual intercourse but not necessarily of rape.
Meanwhile, a group calling itself Task Force Subic Rape Secretariat distributed pamphlets in which the complainant expressed her disgust at the statement given by Smith to The Associated Press.
"He has no right to say that I have ruined his promotion and his military career," Nicole said. "It was he who ruined my life."
On the claim made by Smith that he could not understand why she charged him with rape when she seemed so nice to him, Nicole said in reply, "Yes, I was nice [to him] that night, but how did he repay me? He violated my trust. [He repaid] the kindness by abusing me."
Two Japanese women were seen in court, jotting down notes during the whole length of the proceedings. After the hearing, the two, Masayo Niwa and Miho Naghashi, explained they were members of nongovernment organizations in their country.
The women said they planned to disseminate the information they gathered to solicit funds in Japan for Nicole.
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