By Ronron
December 4, 2006
A Philippine court on Monday found one of four US Marine soldiers guilty of raping a Filipino woman last year at the former US Naval Base in Olongapo City, Zambales.
In his 63-page decision read before the accused by his Acting Clerk of Court, Verdasto Sumbilla, Jr., Judge Benjamin Pozon of Makati City Regional Trial Court Branch 139 said Lance Corporal Daniel Smith, 21, is "guilty beyond reasonable doubt" for the crime of rape.
On the other hand, Staff Sergeant Chad Brian Carpentier, Lance Corporal Keith Silkwood and Lance Corporal Dominic Duplantis were acquitted due to lack of evidence against them.
"In accordance with Article 266-B, First Paragraph thereof (of the Philippine Revised Penal Code), (this court) hereby sentences him to suffer the penalty of reclusion perpetua, together with accessory penalties provided for under Article 41 of the same code… Accused Lance Corporal Daniel J. Smith is further sentenced to indemnify complainant … in the amount of P50,000 as compensatory damages, plus P50,000 as moral damages," Pozon wrote.
"Pursuant to Article 5, Paragraph 10 of the Visiting Forces Agreement by the Philippines and the United States, accused … Smith shall serve his sentence in the facilities that shall hereafter be agreed upon by appropriate Philippine and United States authorities. Pending agreement on such facilities, accused … Smith is hereby temporarily committed to the Makati City jail," he added.
The promulgation of the decision that began at 1:15 pm yesterday came 23 days short of the one-year prescription period for the Philippine court to decide on the case, otherwise, custody of the accused will finally rest with the United States government.
"I am so happy with the decision even if only one was convicted, and especially when the Judge said "no" (to the appeal of Smith's lawyer that the convict be retained at the US Embassy instead of being brought to the Makati City Jail)," the 23-year-old complainant, identified in public as "Nicole," said in Filipino minutes after
hearing the decision.
The victim, who was in black and wearing a pair of sunglasses, was joined in the courtroom by her mother, two brothers, half-sister, psychiatrist, private lawyers, and supporters.
The accused, on the other hand, who were in suits, were flanked by their lawyers and several personnel of the US Embassy in Manila. The four stood up in one line in front of Pozon when Sumbilla read the decision of the case.
"Well, that is the decision but we have to appeal it. But I really don't agree with the order that Smith be committed in the Makati City jail. That is a violation of the Visiting Forces Agreement," Smith's lawyer, Ricardo Diaz, told this reporter after the court proceedings.
According to Pozon, the prosecution presented sufficient circumstantial evidence against Smith that merited the guilty verdict against him.
"As the evidence clearly showed, accused Smith took advantage of the intoxication of the complainant in perpetrating the subject crime… True, there may be no direct evidence to show that the crime of rape was committed. But the circumstantial evidence, which, taken together, sufficiently overcomes the presumption of innocence of accused Smith," Pozon wrote.
The Judge particularly took note of the independent witnesses presented by the prosecution, particularly the security personnel at the site of the incident, who proved that "Nicole" was indeed drunk when Smith took her out of the Neptune Club and brought inside the van.
Smith had admitted during the trial, which began last June 2, of having sexual intercourse with "Nicole" but asserted it was consensual. "Nicole" debunked this, saying she actually resisted his sexual advances when they were inside a Starex van past 11 pm of November 1, 2005 inside Subic Bay Freeport in Olongapo City.
"The claim of accused Smith did not inspire belief. If it were true that the sex between him and the complainant was consensual, why would she resist him, evade his kisses, push and fight him back, and shout? … Why would she charge him of raping her? Accused Smith testified during the questioning from this court that he does not know of any reason why the complainant would file this case against him," Pozon
wrote.
The prosecution charged Carpentier, Silkwood and Duplantis just the same since they allegedly encouraged, or did nothing at the least, to stop Smith. All four were in the same van that night and were supposed to end their liberty following their participation in a joint military training exercise with Philippine troops.
But, Pozon said, they "cannot be considered as conspirators of accused Smith because there was no evidence that they came to an agreement to commit the crime subject of this case and that they decided to do it."
They cannot also be held liable as principals "since they did not directly participate in the carnal knowledge of the complainant," the Judge added.
Almost close to the end of the promulgation of the decision, "Nicole" was no longer able to control her emotions and burst into a loud cry. Her supporters then followed with cheers and applause.
"Rape is a grave physical violation. It debases a woman's dignity, leaves a scar on her body and soul that not even time can heal. It subjects the woman's honor to scorn and its violation to public condemnation," Pozon said.
The reading of the promulgation lasted for 40 minutes.
Diaz promptly made an oral appeal for Pozon to order the retention of Smith at the US Embassy, and not at the Makati City jail, citing Section 6, Article 5 of the VFA, which provides that the custody of an accused American remains in the US until the judicial proceedings are completed.
The prosecution, through lead State Prosecutor Emelie Fe delos Santos, opposed the appeal and moved for the immediate enforcement of Pozon's order.
Pozon then denied Diaz' motion, and banged the gavel at exactly 2pm.
The Makati City Police, led by its chief, Supt. Gilbert Cruz, quickly took hold of Smith and prevented the security personnel of the US Embassy from taking him.
Carpentier, Duplantis and Silkwood were then escorted out of the courtroom through the main entrance, while Smith was brought out through the private exit door and headed to the Makati City Police Office where he underwent the proper documentation process for a detainee.
The three acquitted, on the other hand, departed immediately outside of the Philippines aboard a C12 plane, bound for Okinawa, Japan.
"With their acquittal on criminal charges, Carpentier, Duplantis and Silkwood will return directly to their military unit. Their commander will now take action regarding the completion of the US military's own investigation of this case," the US Embassy said in a statement.
"The US will continue to abide by the Visiting Forces Agreement through the completion of all judicial proceedings, including any appeals," it added.
But "Nicole's" private lawyer, Evalyn Ursua, said it is very likely that no appeal will be made with regard to the three.
From the Makati City Police, Smith was then brought past 5pm to the Makati City jail where he will spend the night, pending the filing of a petition for habeas corpus by Diaz before the Supreme Court.
An appeal on the verdict of conviction will also be filed by Smith's lawyers before the Court of Appeals in the coming days.
"I'm so happy. I'm so happy for Nicole, regardless of the acquittal of the three. We're so happy. The decision of the Judge I think showed to the world that "Nicole" was telling the truth, that everything we did for this case was for the dignity of "Nicole", all Filipinos, for the country," Ursua said after the promulgation.
"We're so happy that Judge Pozon wrote the decision that we think was justified, fair, that he did not give in to political pressure, that he had the courage to actually order the commitment of accused Smith to the Makati City jail. I think that shows just an extraordinary courage and judicial independence, and we laud Judge Pozon for that," she added.
"Nicole's" psychiatrist, Dr. June Lopez, expressed confidence that "this vindication" for her client will help her recover fast from the trauma she is into, and boost the fighting spirit of other rape victims./DMS
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