Olongapo SubicBay BatangGapo Newscenter

Thursday, October 05, 2006

Alleged Rape Victim In U.S. Marine Case Insists On Replacing Prosecutors

Komfie Manalo - All Headline News Foreign Correspondent
Manila, Philippines (AHN) - The Filipino complainant in the Subic rape case and her mother insisted on replacing the panel of prosecutors on Wednesday, even as the trial nears its conclusion.

The insistence of "Nicole" and her mother to replace their lawyers highlights the off-court conflict between the complainant and the chief prosecutor of the case. The issues began when the alleged victim accused her government lawyers of a lop-sided performance during the cross-examinations of the four American suspects.

On Wednesday, Nicole, the court-appointed name for the victim, told the justice department how, as early as July, Senior State Prosecutor Emilie Fe de los Santos, purportedly pushed for a settlement of the case against the complainant's wish.

In an affidavit, the victim's mother said De los Santos had once conceded ''we cannot do anything if they call up the judge'' to secure the acquittal of the four accused U.S. Marines.

She wrote in her affidavit, "De los Santos told me that the family of the accused already agreed for a settlement. She told me that since my daughter no longer wants to return to Zamboanga, my children need to move to a new place.

"She told us to write whatever we want. My daughter and my other children can be granted permanent status while me and Ana (Nicole's stepsister) can be given a multiple entry visa."

Nicole, 22, has accused Lance Corporal Daniel Smith, of St. Louis, of raping her in a van on November 1 at the Subic Bay freeport, a former U.S. Naval base, while three other Marines cheered him on. If convicted, all four face a maximum of 40 years in jail.

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