Olongapo SubicBay BatangGapo Newscenter

Sunday, December 03, 2006

‘Nicole’ confident, goes on retreat before Subic rape verdict

A FILIPINA who filed rape charges against four US Marines in Subic said she was confident that the American servicemen would be convicted when a Philippine court issues its verdict Monday.

To prepare herself, “Nicole,” a court-appointed pseudonym, had undergone a spiritual retreat with her family and was now “stronger,” her lawyer Evalyn Ursua told INQ7.net on Friday.

"I am really angry at them," the 23-year-old woman, identified in court only as “Nicole,” told The Associated Press in an interview late Thursday. "I could not forgive them, not unless they tell the truth and they repent for what happened."

She said if she had her way, she would like them to face the death penalty.

If convicted, Lance Corporals Daniel Smith, Keith Silkwood, and Dominic Duplantis; and Staff Sergeant Chad Carpentier, could face up to 40 years in prison. Smith is accused of carrying out the rape, the other three men of complicity.

“Nicole” and her family stayed in La Union province for several weeks, Ursua said.

"She is in a spiritual retreat to prepare for the promulgation. I think it's good. I think it has helped her a lot," Ursua said of her client who, she acknowledged, remained “a bit nervous.”

"The retreat did her good. She had time to reflect and think. She was, even for a few weeks free from all the issues hounding her and her case," said Yuen Aban from Task Force Subic, which has been supporting “Nicole” pursue the case against the four US Marines.

Aside from Task Force Subic, Partido ng Manggagawa, Gabriela, Sanlakas, Kaisa, Harilaya, Coalition Against Trafficking of Women in Asia Pacific, Bukluran ng Manggagawang Pilipino, Akbayan have continued to express their support for “Nicole.”

Beginning 5 p.m. Sunday, these groups will hold a prayer vigil in front of the Makati City regional trial court in anticipation of the promulgation on Monday.

"I am confident that they will be convicted because our evidence is strong," “Nicole” said, adding that she looks forward to putting the case behind her and moving on with her life, perhaps overseas.

She had testified that she was drunk and too weak to stop the November 1 assault by Smith, as the other Marines inside the van laughed and listened to loud music. The incident happened inside a moving van at the former US naval base at Subic Bay, she said. The Marines had just finished a counterterrorism exercise in the northern Philippines.

Prosecution witnesses testified Nicole was drunk and had to be carried on Smith's back into the van, then lifted out of the vehicle "like a pig" and left on a sidewalk with her pants down.

Smith, 21, of St. Louis, Missouri, has maintained the sex was consensual, and his fellow Marines have backed his testimony.

"Smith raped me and they just dumped me on the pavement," Nicole said. "If I was not telling the truth, why would I put myself through this situation?"

She said she was proud that she pursued the case. She hopes the first rape case against a US serviceman to go to trial in the Philippines will embolden rape victims.

"I stood firm not only for myself, for my family, but also for our country," she said.

The case has stirred emotions in this former US colony and resurrected controversies linked to the US military's presence in the Philippines, which has been credited with helping Filipino troops crack down on Muslim militants in the country's restive south.

Nicole said she had no intention of stirring anti-American sentiments.

"I only want to get justice," she said. "My only concern is that I told the truth."

The AP's interview request with Smith was turned down, but in a recent interview on local television, he maintained that no rape occurred and said he was confident that he would be acquitted.

"The strongest defense is truth," he said. "I'm pretty sure the judge and everybody can see that I was telling the truth and I speak the truth when I talk."

In his testimony, Smith said Nicole was a willing partner and that she helped him put on a condom.
By Tetch Torres, Teresa Cerojano - INQ7.net, Associated Press

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