Olongapo SubicBay BatangGapo Newscenter

Wednesday, September 20, 2006

DOJ eyes boot on Subic rape prosecutor

The lead prosecutor in the Subic rape case could be removed from her assignment if the Department of Justice pushes with the plan of reorganizing the prosecution to stop the tension between government lawyers and the complainant, ABS-CBN's Bandila reported Tuesday.

"Prosecutor Emelie de los Santos might have to inhibit herself," Justice Secretary Raul Gonzalez said.

De los Santos and Nicole's camp have engaged in a verbal war after the complainant's mother alleged that the government lawyer advised them to accept a settlement in exchange for the US immigration case of ex-agriculture undersecretary Jocelyn Bolante.

The senior prosecutor denied the allegation and called Nicole's family "ingrates and liars."

Gonzalez, meanwhile, said: "The statement about the out-of-court settlement, the Bolante thing, these are all imaginations. I charged Smith with rape. That's the best proof," Gonzalez said, referring to Lance Corporal Daniel Smith, the primary accused.

Gonzalez defended de los Santos and said he saw nothing wrong with what she did.

"I think that is the human factor there. After the tirades she received from the mother, as a person that was really unexpected," said Gonzalez.

Except for Prosecutor Hazel Valdez, Nicole's family had asked DOJ to replace government prosecutors following the lenient cross-examination on Smith.

Right to choose

Nicole, meanwhile, said during a press conference Tuesday that she has the right to remove her lawyers.

"I am the victim in this case and I have the right to remove anyone," she said.

The woman reiterated that the prosecution had not handled the case properly, particularly the cross-examination of Smith.

She first called for the replacement of the prosecutors last week but the department turned her down. Some of the prosecutors have also lashed out at her, saying she was lying about her version of events.

Nicole has had three prosecution teams since the trial began in April.

The four US marines are being tried for allegedly raping the woman in November after taking part in joint military exercises in the Subic Freeport in Zambales.

Besides Smith, the other defendants are Lance Cpls. Dominic Duplantis and Keith Silkwood and Staff Sgt. Chad Carpentier. The other American servicemen were with Smith in a van where the alleged crime took place. With The Manila Times

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