Subic rape victim 'recants'

Subic rape victim "Nicole" recanted her earlier statements that Lance Corporal Daniel Smith, who was convicted in 2007, raped her.

In her sworn statement submitted to the Court of Appeals (CA) on March 12, Nicole admitted that she was so drunk when the incident happened. She raised doubts that Smith raped her, admitting that she was attracted to the US Marine officer.

Nicole's new affidavit, which was submitted to the CA by Smith's legal counsel, Jose Justiniano, came more than two years after the Makati Regional Trial Court convicted the Marine officer of raping her.

Smith was convicted in 2007 and sentenced to up to 40 years in prison.

Nicole said she expected many sectors to question her motives in executing the new affidavit more than three years after the incident, but added her conscience bothered her.

But Evalyn Ursua, who stood as Nicole's legal counsel, said her client's new affidavit has no bearing on the case anymore since it was already in the CA.

Ursua also said Tuesday that Nicole has left for the United States (US) for good and that her services as a lawyer were already terminated.

She said Nicole's mother informed her through a letter Monday that her services were no longer needed.

Ursua added that her client's mother wanted "all other cases arising from or related" to the rape case dropped.

"I asked her mother why she did not tell me personally," Ursua said, adding that it would have been better if her client informed her personally.

No justice

According to Ursua, Nicole's mother explained that they terminated her services because they were "tired of the case and do not want anymore to be bothered by it because 'there is no justice in the Philippines'."

Nicole, the lawyer added, expressed concern that the government betrayed her.

Ursua has been Nicole's lawyer since February 2006, a year after the rape victim hurled a complaint against her alleged rapists, including Smith.

Despite the latest development, Ursua said she has highest respect for her client considering the odds she faced when they decided to press the fight against the rapists.

She downplayed the effect on the case of Nicole's flight and her termination as legal counsel.

Smith's detention at the US Embassy has sparked controversy and gave rise to calls for the abrogation of the Visiting Forces Agreement (VFA), which the US government has cited in justifying its action.

A manifestation submitted by Smith before the CA stated that they fully complied with the order of the Makati Regional Trial Court to pay Nicole damages amounting to P100,000.

"Consonant with the satisfaction of the civil aspect of the case, private complainant terminated Ursua as counsel in the case, as well as other cases, arising from the incident pending before the CA and the Supreme Court (SC)," said Justiniano in the manifestation.

Women's group

Earlier, Task Force Subic Rape, a multi-sectoral coalition composed of various women's group, confirmed that Nicole was already in the US.

Lotlot Requizo, coordinator of the group, said Nicole told her that she was demoralized over the case when they last talked on February 12, a day after the SC ordered the transfer of Smith to Philippine custody, while the Philippine and US governments renegotiate the terms of the Marine's detention.

However, the government has not yet implemented the decision, saying the case is still on appeal before the CA.

In an interview, Justice Secretary Raul Gonzalez dismissed claims reportedly made by Nicole's family that she has flown to the US and is staying there for good because she is frustrated with the Philippine justice system.

Gonzalez said that Nicole's going to the US ironically "shows that her supposed grief and hatred expressed before is not very genuine."

"Why feel that way when there is a loud cry from people who shared with her so-called grief in the past. Now they are using these issues again and even asking now for the abrogation of the VFA. Why should she feel that way, in the first place she won the first round on her battle in the [Regional Trial Court]," he said.

Asked if Nicole's leaving the country would affect the status of the pending appeal on the conviction of Smith, Gonzalez said he doubts it.

Press Secretary Cerge Remonde, meantime, said Malacañang had nothing to do with the reported decision of Nicole to go to the US.

Remonde said the public should respect Nicole's decision, "after all, no one is sure what and how the Court of Appeals would decide on Smith's appeal."

He said even if Nicole withdraws from the case, it's already with the CA and the case would continue. (Sunnex)