Olongapo SubicBay BatangGapo Newscenter

Monday, September 11, 2006

Rape defendant set to testify

A 21-YEAR-OLD US Marine charged with raping a Filipino woman is set to testify in court that he had consensual sex with his accuser, his lawyer said yesterday.

Lance Cpl. Daniel Smith, of St. Louis, Missouri, will take the witness stand today at the start of defense lawyers’ presentation of witnesses in the rape case against Smith and three other US Marines.

“He will definitely testify tomorrow and he will insist that there was really no rape... contrary to what the complainant has been saying,” said Benjamin Formoso, Smith’s lawyer.

“He is prepared and raring to testify.”

Formoso said Smith would stick to his defense that what happened was consensual sex.

A 22-year-old woman has accused Smith of raping her in a moving van at the Subic Bay free port, a former US Naval base, on Nov. 1, while Staff Sgt. Chad Carpentier, Lance Cpl. Keith Silkwood, and Lance Cpl. Dominic Duplantis allegedly cheered him on.

She testified that she resisted, but was drunk and too weak to stop the assault.

Prosecutors earlier presented 23 witnesses, including a medico-legal officer who examined the complainant after the incident, and a forensic expert who both said the woman’s injuries were consistent with rape.

“We will be presenting seven to 10 witnesses including all the accused and... an expert forensic gynecologist,” Formoso added.

Smith earlier told The Associated Press the case had ruined his life and career and that he hoped “the lies will stop and the people will start to see the truth.”

The Marines had just finished counterterrorism maneuvers with Philippine troops when the alleged rape took place.

The case sparked anti-American protests and is seen as a black mark on exercises credited with helping weaken Al Qaida-linked militants in Mindanao.

The men are part of the 31st Marine Expeditionary Force stationed in Okinawa, Japan. AP - Manila Standard Today

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