Subic van driver testifies today
By Tarra Quismundo
Inquirer
Inquirer
AFTER MONTHS OUT OF THE PUBLIC EYE, Timoteo Soriano Jr., driver of the van where four American Marines allegedly raped a Filipino woman at the Subic Freeport last year, is set to testify today at the Makati Regional Trial Court.
Soriano, who is the prosecution's 21st witness, is presumably the key testifier to what really happened in the Starex van on the night of Nov. 1, 2005.
Lawyer Evalyn Ursua declined to divulge details on how the prosecution panel would approach Soriano's direct examination, careful not to preempt today's proceedings.
The court already sent subpoenas to Soriano at his residence in Caloocan City and at the transport service agency where he worked for in Makati City, to inform him of his required appearance today, Ursua said.
Soriano, who was inside the rented Starex van where complainant "Nicole" was allegedly raped by Lance Cpl. Daniel Smith to the cheering of three comrades, became controversial when he recanted his earlier statement that he had witnessed a gang rape inside the vehicle on the night of the incident.
Soriano alleged that he executed his first affidavit under duress, threatened by Paquito Torres, chief of Subic's Intelligence and Investigation Office (IIO).
He claimed that Torres prepared a written statement, falsely saying that Soriano saw a gang rape committed in his van.
The driver further alleged that he was forced to sign the statement because Torres purportedly threatened to include him in the rape charge.
Despite his spotty statements, Ursua tapped Soriano to prove 22-year-old Nicole's allegations against Smith, Lance Cpls. Dominic Duplantis and Keith Silkwood and Staff Sgt. Chad Carpentier.
The lawyer said that although Soriano retracted his earlier statement, he never denied that Nicole was raped.
"He did not recant the whole affidavit," Ursua told the Inquirer in a phone interview.
"There were two important points in his recantation: One, he did not say gang rape [in executing his affidavit]; and two, he did not say that [Nicole] was unloaded from the van like a pig [after the alleged act]," she said.
"In fact, in his second affidavit, he did not say that there was no rape. He stands by the details in his first statement ... But we have to go by what the Supreme Court had said--that recantation is not looked upon with favor," she added.
Ursua did not specify who would handle Soriano's direct examination and if he would be asked to explain his two affidavits on the incident.
The prosecution examined earlier witnesses who had executed sworn statements before investigators.
Asked how important Soriano's testimony would be for the prosecution, Ursua said: "Every evidence is important."
Earlier, witness Joseph Khonghun named Soriano as among those who had seen Nicole being unloaded from the Starex van at Subic's Alava Pier, a short walk to the accused servicemen's ship, the USS Essex.
Khonghun, an Olongapo City businessman, narrated to the court excerpts of a chat he had with Soriano at the Subic IIO office on Nov. 2.
According to Khonghun, Soriano said that on the night of the incident, Smith and Nicole were seated in the van's third row, three other Americans were seated in the second row, and Carpentier was seated in the passenger seat beside the driver.
Soriano told the businessman that he had heard Carpentier tell Smith "Go Smith! Go!" as the others shouted several times "F**k! F**k!"
Soriano, who is the prosecution's 21st witness, is presumably the key testifier to what really happened in the Starex van on the night of Nov. 1, 2005.
Lawyer Evalyn Ursua declined to divulge details on how the prosecution panel would approach Soriano's direct examination, careful not to preempt today's proceedings.
The court already sent subpoenas to Soriano at his residence in Caloocan City and at the transport service agency where he worked for in Makati City, to inform him of his required appearance today, Ursua said.
Soriano, who was inside the rented Starex van where complainant "Nicole" was allegedly raped by Lance Cpl. Daniel Smith to the cheering of three comrades, became controversial when he recanted his earlier statement that he had witnessed a gang rape inside the vehicle on the night of the incident.
Soriano alleged that he executed his first affidavit under duress, threatened by Paquito Torres, chief of Subic's Intelligence and Investigation Office (IIO).
He claimed that Torres prepared a written statement, falsely saying that Soriano saw a gang rape committed in his van.
The driver further alleged that he was forced to sign the statement because Torres purportedly threatened to include him in the rape charge.
Despite his spotty statements, Ursua tapped Soriano to prove 22-year-old Nicole's allegations against Smith, Lance Cpls. Dominic Duplantis and Keith Silkwood and Staff Sgt. Chad Carpentier.
The lawyer said that although Soriano retracted his earlier statement, he never denied that Nicole was raped.
"He did not recant the whole affidavit," Ursua told the Inquirer in a phone interview.
"There were two important points in his recantation: One, he did not say gang rape [in executing his affidavit]; and two, he did not say that [Nicole] was unloaded from the van like a pig [after the alleged act]," she said.
"In fact, in his second affidavit, he did not say that there was no rape. He stands by the details in his first statement ... But we have to go by what the Supreme Court had said--that recantation is not looked upon with favor," she added.
Ursua did not specify who would handle Soriano's direct examination and if he would be asked to explain his two affidavits on the incident.
The prosecution examined earlier witnesses who had executed sworn statements before investigators.
Asked how important Soriano's testimony would be for the prosecution, Ursua said: "Every evidence is important."
Earlier, witness Joseph Khonghun named Soriano as among those who had seen Nicole being unloaded from the Starex van at Subic's Alava Pier, a short walk to the accused servicemen's ship, the USS Essex.
Khonghun, an Olongapo City businessman, narrated to the court excerpts of a chat he had with Soriano at the Subic IIO office on Nov. 2.
According to Khonghun, Soriano said that on the night of the incident, Smith and Nicole were seated in the van's third row, three other Americans were seated in the second row, and Carpentier was seated in the passenger seat beside the driver.
Soriano told the businessman that he had heard Carpentier tell Smith "Go Smith! Go!" as the others shouted several times "F**k! F**k!"
posted by OlongapoCity Zambales at
9:26 AM
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