Subic rape complainant prepared for verdict: lawyer
On the eve of the ruling by a Makati court on the controversial Subic rape case filed by a 23-year-old Filipino woman against four US Marines, the complainant's lawyer said her client is confident of a conviction but prepared for an acquittal.
Evalyn Ursua, lawyer for the complainant known to the public only as "Nicole," said her client has already come to terms with her predicament and whatever will be the ruling of Makati Regional Trial Court (RTC) Judge Benjamin Pozon.
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Her disposition is helped in no small part by a two-week spiritual retreat, said Ursua.
"It's difficult to predict the court's ruling but we are praying for a conviction. Nicole is praying to the Lord that justice will be given her," said Ursua.
Ursua said they have no doubt in Pozon's fairness, adding that from the start of the trial last June, the judge has "shown utmost professionalism and respect for judicial decorum."
She added that Nicole would be present when the verdict is announced and she will be accompanied by her immediate family and supporters.
A conviction, according to Ursua, will enable her client's speedy recovery from the trauma of the alleged rape.
"As a rule, an acquittal cannot be appealed but there are exceptions such as if there are new pieces of evidence that were not tackled in a case. So if there is an acquittal we will study the details for a possible appeal," said the lawyer, who only took over the case early this year after Nicole's first lawyer, Katrina Legarda, stopped handling the case.
Ursua said a conviction would not mean an end to the sufferings of her client as the accused could still file an appeal with the higher court.
Justice Secretary Raul Gonzalez Sr. was earlier quoted as saying that another legal battle could erupt over the custody of the accused once they are convicted, adding that the 1998 RP-US Visiting Forces Agreement (VFA) provides enough wriggle room for the Americans.
The treaty provides that the accused may be allowed to remain in US custody while the appeal is being heard.
Ricardo Diaz, one of the lawyers for accused Lance Corporal Daniel Smith, agreed Gonzalez, saying that if the verdict is acquittal, the accused would leave immediately for the US but if his client is convicted then they will appeal the case before the higher courts.
Asked about Nicole's preparations for the verdict, Ursua said she has undergone a two-week retreat where she bonded with her spiritual adviser.
A militant women's group is preparing a series of protests actions to dramatize its support for Nicole with a vigil starting at 6 p.m. Sunday at the grounds of the Makati City Hall where the justice building is located.
Authorities, however, have laid out tight security measures to prevent any untoward incidents.
Makati Police Chief Gilbert Cruz said 200 policemen will be deployed to secure the court's premises while a team from the Special Weapons and Tactics (Swat) will secure the accused.
Since last week, US Embassy personnel have been inspecting the court's premises along with local security officials to check on the security measures being implemented.
Protestors who had not secured a permit from the local government, he said, will not be allowed to stage their rallies near the court's building although he added that "maximum tolerance" will be implemented in dealing with the rallyists.
Pozon earlier said he would hand down the verdict on November 27 against Smith, Lance Corporals Dominic Duplantis, Keith Silkwood and Staff Sergeant Chad Carpentier.
Nicole had accused Smith of raping her in a van while his companions cheered him on in November last year at the former US Naval Base. Smith admitted having sexual intercourse with the complainant but insisted it was consensual. (AH/Sunnex)
Evalyn Ursua, lawyer for the complainant known to the public only as "Nicole," said her client has already come to terms with her predicament and whatever will be the ruling of Makati Regional Trial Court (RTC) Judge Benjamin Pozon.
Sun.Star Network Online's 12th Asean Summit Watch
Her disposition is helped in no small part by a two-week spiritual retreat, said Ursua.
"It's difficult to predict the court's ruling but we are praying for a conviction. Nicole is praying to the Lord that justice will be given her," said Ursua.
Ursua said they have no doubt in Pozon's fairness, adding that from the start of the trial last June, the judge has "shown utmost professionalism and respect for judicial decorum."
She added that Nicole would be present when the verdict is announced and she will be accompanied by her immediate family and supporters.
A conviction, according to Ursua, will enable her client's speedy recovery from the trauma of the alleged rape.
"As a rule, an acquittal cannot be appealed but there are exceptions such as if there are new pieces of evidence that were not tackled in a case. So if there is an acquittal we will study the details for a possible appeal," said the lawyer, who only took over the case early this year after Nicole's first lawyer, Katrina Legarda, stopped handling the case.
Ursua said a conviction would not mean an end to the sufferings of her client as the accused could still file an appeal with the higher court.
Justice Secretary Raul Gonzalez Sr. was earlier quoted as saying that another legal battle could erupt over the custody of the accused once they are convicted, adding that the 1998 RP-US Visiting Forces Agreement (VFA) provides enough wriggle room for the Americans.
The treaty provides that the accused may be allowed to remain in US custody while the appeal is being heard.
Ricardo Diaz, one of the lawyers for accused Lance Corporal Daniel Smith, agreed Gonzalez, saying that if the verdict is acquittal, the accused would leave immediately for the US but if his client is convicted then they will appeal the case before the higher courts.
Asked about Nicole's preparations for the verdict, Ursua said she has undergone a two-week retreat where she bonded with her spiritual adviser.
A militant women's group is preparing a series of protests actions to dramatize its support for Nicole with a vigil starting at 6 p.m. Sunday at the grounds of the Makati City Hall where the justice building is located.
Authorities, however, have laid out tight security measures to prevent any untoward incidents.
Makati Police Chief Gilbert Cruz said 200 policemen will be deployed to secure the court's premises while a team from the Special Weapons and Tactics (Swat) will secure the accused.
Since last week, US Embassy personnel have been inspecting the court's premises along with local security officials to check on the security measures being implemented.
Protestors who had not secured a permit from the local government, he said, will not be allowed to stage their rallies near the court's building although he added that "maximum tolerance" will be implemented in dealing with the rallyists.
Pozon earlier said he would hand down the verdict on November 27 against Smith, Lance Corporals Dominic Duplantis, Keith Silkwood and Staff Sergeant Chad Carpentier.
Nicole had accused Smith of raping her in a van while his companions cheered him on in November last year at the former US Naval Base. Smith admitted having sexual intercourse with the complainant but insisted it was consensual. (AH/Sunnex)
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