Rape trial postponed while DOJ resolves row

By Tarra Quismundo, Armand Nocum
Inquirer

THE leftmost front-row seats in the courtroom were empty when the trial of four US Marines accused of conspiring to rape a Filipino woman at the Subic Bay Freeport on Nov. 1, 2005, resumed yesterday afternoon.

The defense was scheduled to recall its third witness to the stand, but complainant “Nicole,” her mother and her staunch supporters were not at their usual seats. They walked out of the courtroom on Thursday, complaining about the purported incompetence of the prosecution panel.

Of the five state prosecutors, Hazel Valdez, Elizabeth Berdal and Nolibien Quiambao showed up, but only to meet Judge Benjamin Pozon and defense lawyers on sidebar and, in light of Nicole’s request for the Department of Justice to replace all but one of them, seek the hearing’s postponement.

The three promised that the hearing would push through on Monday, at which time, they said, the DOJ would have resolved the issue.

With no objection posed by the defense, Pozon granted the request.

But Justice Secretary Raul Gonzalez assailed Nicole for complaining about the performance of the prosecution panel, saying that as in the purported rape, she could again be “imagining things.”

Gonzalez told the Inquirer that he was satisfied with the way the state prosecutors were handling the case.

“That statement is unfair; she’s imagining things, I hope she is not imagining [the rape] again. Who is she to judge the competence or incompetence of my prosecutors? We have given her all the support,” he said.

“It’s a very sweeping indictment against these prosecutors who are actually doing their best,” he added.

From the start, Gonzalez had expressed disbelief of Nicole’s claim of rape. At one time, he even told reporters that she might withdraw her complaint against the four US Marines.

No official notice

Valdez told reporters that the issue had to be “threshed out first” before the hearing could resume.

“In the first place, we have to verify if there really is a request for [our replacement] because we were not officially notified about that. We will await the decision of the secretary of justice,” she said.

Berdal said the prosecution panel chair, Senior State Prosecutor Emilie Fe de los Santos, was to speak with Chief State Prosecutor Jovencito Zuño about the complainant’s “serious allegations.”

Valdez said the panel was to meet yesterday afternoon or Monday morning to settle the matter before the hearing resumes.

The defense was scheduled to call to the stand Dr. Teresita Sanchez, an obstetrician-gynecologist who qualified as an expert witness during the Thursday hearing.

Sympathy

Defense lawyers expressed not only confidence that the prosecution’s problem would not affect their case, but also sympathy for their courtroom rivals.

“We agreed with their request [for postponement] because we understand their situation,” said Jose Justiniano. “Why would [the complainant] doubt the [public prosecutors’] competence with no basis?”

Justiniano denied that the prosecution was in collusion with the defense to lose the case. He said the complainant would not claim such a conspiracy if she were confident about winning the case and of the evidence presented against the accused.

“[Public prosecutors] have a sworn duty, and they will not do that. What basis do [the complainant and her mother] have to say that the public prosecutors are siding with us when you’ve seen how hard we debate in the courtroom, how we raise our voices at each other?” Justiniano said.

“Now, if their basis is our handshakes, chats and laughter after the hearing, then they shouldn’t base it on that. If lawyers fight it out in the courtroom, we are friends outside the court,” he said.

Hurt

The prosecutors said they learned of Nicole’s complaint only through media reports.

The feeling of hurt was apparent on their faces and in their words.

“We are wondering why she (Nicole) didn’t raise it [earlier] because, perhaps, we would have already bungled during the presentation [of evidence],” said Valdez, the only prosecutor whom Nicole wants retained.

The state panel, along with Nicole’s private lawyer, took 11 weeks to present some 23 witnesses on the stand to prove the complainant’s claim of rape against Lance Corporals Daniel Smith, Keith Silkwood and Dominic Duplantis, and Staff Sgt. Chad Carpentier.

Nicole had herself taken the witness stand to testify that Smith forced himself on her as his three co-accused egged him on while on board a moving van.

“In fact, after every hearing [Nicole and her mother] approached us and thanked us ... Now they are saying a different thing,” Berdal said.

Asked if Nicole’s allegations would affect the panel’s commitment to the case, Valdez said: “No. We have been professional all this time and we will be, up to the end. We owe it to the people of the Philippines.”

Berdal expressed the same resolve: “We will not abandon our duties as the prosecution. In fact, we are representing the people, and not just one person.”

Asked if she would stay if the DOJ decided to retain her and replaced the rest of the panel, Valdez said: “I work at the behest of the secretary of justice.”

She also said Nicole apologized to her shortly after walking out of the courtroom on Thursday.

Evaluation

Gonzalez vowed to “defend my prosecutors” but said he would also penalize them for their mistakes.

He said he would study Nicole’s letter to Chief State Prosecutor Jovencito Zuño where she asked that her public prosecutors be replaced because she had lost confidence in them.

“I have not received her complaint. [When I do], I will evaluate it. And if it is reasonable, I will grant it,” he said.

But Gonzalez warned that the replacement of the state prosecutors would delay the hearings and affect the one-year timetable for the case’s completion.

“The clock will continue to tick even if there is no hearing because the delay happened on account of the prosecution,” he said, adding:

“She (Nicole) should understand that if there are no prosecutors, the case will stop.

“Private prosecutors cannot proceed with the trial without the public prosecutors because under the law, all criminal prosecutions should be under the direct control of [the latter].

“I don’t want any party dictating on this department, but we will accommodate any reasonable request.”

Next week

Gonzalez said the new panel of prosecutors could be in place next week.

“I assure everyone that ... if I find [the request] reasonable, we will constitute a panel. But there should be no delay because ... the case will continue to run and any delay will be attributed to the party causing the delay. This kind of delay will run in favor of the Americans because the origin of the delay was the complainant,” he said.