Olongapo SubicBay BatangGapo Newscenter

Saturday, August 05, 2006

Prosecution will present new witness in rape case

By Ferdinand Fabella - Manila Standard Today

THE prosecution lawyers in the Subic rape case hinted they would present a “surprise” witness when the trial resumes in two weeks.

Prosecutor Hazel Valdez told yesterday’s hearing they would present their last witness on Aug. 17 but declined to name him or her, dismaying defense lawyers.

She said their last witness would take the stand after medico-legal officer Rolando Ortiz wrapped up his testimony.

“We might still be presenting our last witness right after the testimony of Dr. Ortiz, but right now we’re not in a position to inform the court what will be the substance of the testimony,” Valdez said.

Lance Cpl. Daniel Smith, the principal accused in the rape case, will take the witness stand on Sept. 4 when the defense panel starts its turn to present its witnesses, according to his lawyer, Jose Justiniano.

“We’re ready and Smith will be the first one to testify,” Justiniano said, adding the US Marine’s testimony would be the “foundation” around which the testimonies of other witnesses would revolve.

Smith is expected to give his own version of the alleged rape that the Filipina complainant claimed took place on Nov. 2, 2005, at the Subic Bay Freeport zone in Olongapo City.

The defense has at least eight witnesses to counter the 23 that the prosecution has presented so far.

But defense lawyer Francisco Rodrigo objected to the secrecy behind the prosecution’s last witness, and Judge Benjamin Pozon said the defense had the right to know what the witness’ testimony would be.

Valdez said the witness would definitely come from the list they had submitted during the pretrial conference, adding the defense was supposed to present 46 witnesses originally.

But Justiniano said the prosecution seemed to be afraid that Ortiz would say something damaging to the case.

“Why can’t they name the witness?” he said. “Are they afraid Ortiz might say something favoring us?”

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