Subic rape case judge postpones promulgation
A MAKATI City court on Friday rescheduled the promulgation on the controversial rape case filed by a 23-year-old Filipino woman against four US servicemen from November 27 to December 4, citing "time constraints".
In an order, Makati Regional Trial Court (RTC) Branch 139 Judge Benjamin Pozon said he needed more time to study the voluminous records of the landmark case before coming up with a decision.
"Considering the voluminous records of the case, the number of witnesses and the length of their respective testimonies and the unusual number of documentary, not to mention the object evidences presented by the parties that need to be pored over by the court and the limited time for it to intelligently and judiciously consider the significant and material issues raised by the prosecution and the defense and to render a fair and just decision, the court is constrained much to reset the promulgation of judgment in this case on December 4 at 1 p.m.," Pozon said of his decision to postpone the promulgation.
Sun.Star Network Exchange (Sunnex) had reported last November that Pozon might not be able to issue a ruling on Monday because of lack of time to finishing studying the papers of the case.
During the last hearing of the landmark case last September 28, the court set November 27 as its "self-imposed" date to come up with a ruling.
Pozon earlier manifested his desire to issue a ruling on the case before the one-year deadline sets in as provided in the 1998 RP-US Visiting Forces Agreement (VFA) that governs the conduct of US military personnel when conducting joint military exercises in the country. The treaty prescribed limited immunity for US military personnel while on official duty during exercises.
The complainant, given the pseudonym Nicole to hide her identity, said though her legal counsel that they have no problem with the postponement. "We understand the reason behind the postponement. We acknowledge that the court needs more time to study the records of the case," said Attorney Evalyn Ursua.
She added that they were even surprised that the court has come up with the November 27 date for the ruling considering the voluminous records and the testimonies of the witnesses during the four-month long trial, which started last June 2.
The legal team of the accused said they have no quarrel with the rescheduling adding that it is normal for the court to postpone the promulgation of a case if it deems it needs more time.
"It is the discretion of the court and we understand that. Maybe they need more time to study the case," said Attorney Ricardo Diaz, one of the counsels of accused Lance Corporal Daniel Smith.
The prosecution presented 23 witnesses, including the complainant and her step-sister, while all the accused took the witness stand along with a forensic gynecologist who testified for them as an expert witness and a US Marine, formerly a friend of Nicole, who later testified with the defense.
The trial was marred by several incidents such as when Nicole hit Smith with her bag claiming he tried to trip her while entering the courtroom and her subsequent walkout when the accused took the witness stand.
A public spat also erupted between the Nicole with her mother and the government prosecutors whom they accused of being "incompetent" and working for an amicable settlement of the case with the lead prosecutor as having allegedly said it was a "trade-off" for the case of former agriculture undersecretary Jocelyn Bolante who was detained by American authorities for immigration problems last July.
The prosecutors denied knowledge of any settlement and refused to withdraw from the case and were backed up by the justice secretary in their position.
The four accused - Smith; Staff Sergeant Chad Carpentier; and Lance Corporals Keith Silkwood and Dominic Duplantis of the US 31st Marine Expeditionary Force based in the southern Japanese island of Okinawa has just finished counter-terrorism maneuvers with their Filipino counterparts and were on temporary liberty when the alleged incident took place inside a former US naval base November 1 last year.
The four did not enter a plea during their April 28 arraignment prompting the court to enter a not guilty plea on their behalf.
Smith has admitted having sexual intercourse with the complainant but insisted it was consensual in nature. The complainant said she was raped inside a moving van by Smith while the other accused cheered him on.
During the trial, the prosecution, citing the testimony of a chemist at the Philippine National Police Crime Laboratory and the testimony of the complainant, argued that she was too drunk at the time of the incident to give her consent to the act.
If convicted, the accused faces up to 40 years in prison.
The incident triggered protests by militant groups and calls from several lawmakers for the abrogation of the military treaty.
It has also blackened an otherwise positive reviews gained by the counter-terror training exercises, which was credited with helping the ill-equipped Philippine military crush an al-Qaeda linked militant group in Mindanao. (AH/Sunnex)
In an order, Makati Regional Trial Court (RTC) Branch 139 Judge Benjamin Pozon said he needed more time to study the voluminous records of the landmark case before coming up with a decision.
"Considering the voluminous records of the case, the number of witnesses and the length of their respective testimonies and the unusual number of documentary, not to mention the object evidences presented by the parties that need to be pored over by the court and the limited time for it to intelligently and judiciously consider the significant and material issues raised by the prosecution and the defense and to render a fair and just decision, the court is constrained much to reset the promulgation of judgment in this case on December 4 at 1 p.m.," Pozon said of his decision to postpone the promulgation.
Sun.Star Network Exchange (Sunnex) had reported last November that Pozon might not be able to issue a ruling on Monday because of lack of time to finishing studying the papers of the case.
During the last hearing of the landmark case last September 28, the court set November 27 as its "self-imposed" date to come up with a ruling.
Pozon earlier manifested his desire to issue a ruling on the case before the one-year deadline sets in as provided in the 1998 RP-US Visiting Forces Agreement (VFA) that governs the conduct of US military personnel when conducting joint military exercises in the country. The treaty prescribed limited immunity for US military personnel while on official duty during exercises.
The complainant, given the pseudonym Nicole to hide her identity, said though her legal counsel that they have no problem with the postponement. "We understand the reason behind the postponement. We acknowledge that the court needs more time to study the records of the case," said Attorney Evalyn Ursua.
She added that they were even surprised that the court has come up with the November 27 date for the ruling considering the voluminous records and the testimonies of the witnesses during the four-month long trial, which started last June 2.
The legal team of the accused said they have no quarrel with the rescheduling adding that it is normal for the court to postpone the promulgation of a case if it deems it needs more time.
"It is the discretion of the court and we understand that. Maybe they need more time to study the case," said Attorney Ricardo Diaz, one of the counsels of accused Lance Corporal Daniel Smith.
The prosecution presented 23 witnesses, including the complainant and her step-sister, while all the accused took the witness stand along with a forensic gynecologist who testified for them as an expert witness and a US Marine, formerly a friend of Nicole, who later testified with the defense.
The trial was marred by several incidents such as when Nicole hit Smith with her bag claiming he tried to trip her while entering the courtroom and her subsequent walkout when the accused took the witness stand.
A public spat also erupted between the Nicole with her mother and the government prosecutors whom they accused of being "incompetent" and working for an amicable settlement of the case with the lead prosecutor as having allegedly said it was a "trade-off" for the case of former agriculture undersecretary Jocelyn Bolante who was detained by American authorities for immigration problems last July.
The prosecutors denied knowledge of any settlement and refused to withdraw from the case and were backed up by the justice secretary in their position.
The four accused - Smith; Staff Sergeant Chad Carpentier; and Lance Corporals Keith Silkwood and Dominic Duplantis of the US 31st Marine Expeditionary Force based in the southern Japanese island of Okinawa has just finished counter-terrorism maneuvers with their Filipino counterparts and were on temporary liberty when the alleged incident took place inside a former US naval base November 1 last year.
The four did not enter a plea during their April 28 arraignment prompting the court to enter a not guilty plea on their behalf.
Smith has admitted having sexual intercourse with the complainant but insisted it was consensual in nature. The complainant said she was raped inside a moving van by Smith while the other accused cheered him on.
During the trial, the prosecution, citing the testimony of a chemist at the Philippine National Police Crime Laboratory and the testimony of the complainant, argued that she was too drunk at the time of the incident to give her consent to the act.
If convicted, the accused faces up to 40 years in prison.
The incident triggered protests by militant groups and calls from several lawmakers for the abrogation of the military treaty.
It has also blackened an otherwise positive reviews gained by the counter-terror training exercises, which was credited with helping the ill-equipped Philippine military crush an al-Qaeda linked militant group in Mindanao. (AH/Sunnex)
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