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Pau
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US Marine guilty raping Filipina, others acquitted
« on: Nov 16^th, 2005, 2:51am »

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6 US servicemen accused of rape in Subic

First posted 04:04pm (Mla time) Nov 03, 2005
By Patrick Roxas, Veronica Uy
Inquirer News Service, INQ7.net, Agence France-Presse, Associated Press, GMA7

SUBIC BAY FREEPORT ZONE -- (4TH UPDATE) Six US Marines who took part in joint military exercises were barred from boarding their departing ship Thursday after a 22-year-old Filipina accused the servicemen of raping her on All Saints' Day.
Philippine authorities briefly delayed the departure of the US warship while searching for the suspects, said Zosimo Paredes, executive director of a government commission overseeing joint Philippine-US military exercises.

The US Embassy said the Marines "are currently in the Philippines under the responsibility of the US Embassy in Manila."

The Philippine government immediately expressed concern over the alleged rape, which could provoke fierce condemnation from left-wing groups opposed to the presence of American troops for counterterrorism training with Filipino soldiers.

Foreign Affairs Secretary Alberto Romulo said he was "deeply concerned" about the allegations and that he would "support all efforts by our authorities to investigate, prosecute and try this case."

"The perpetrators of this heinous crime shall be brought to justice," Romulo said.

The US soldiers were charged with rape before the Olongapo City prosecutors office, said a report of GMA Networks 24 Oras evening newscast.

The suspects have been identified as Kieth Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris, and Chad Capent, according to the same television report.

Paredes said the six Marines met the Filipino woman on Tuesday in Subic Bay, a former US naval base that has been transformed into an industrial and recreational hub north of Manila.

The alleged victim was in a karaoke bar when she met the Americans who invited her to go with them in a rented van.

A few hours later, witnesses said they saw the woman being dumped unconscious from a van on a road, the SBMA said in a statement.

Subic Bay Metropolitan Authority (SBMA) Chair Feliciano Salonga the six servicemen were identified by the driver of the van.

The US embassy said that both sides would work together to "determine the facts of the case," adding that the US government would "fully cooperate with the Philippine authorities in the investigation of this incident."

The suspects were strictly ordered to stay in the country to answer the charges against them, the SBMA said.

"[They] are currently in the Philippines under the responsibility of the US embassy in Manila," US charge d' affaires Paul Jones said in a statement.

But Jones, who has just met at the Department of Foreign Affairs with Philippines officials, refused to disclose the whereabouts of the servicemen.

"I cannot comment exactly on where they are now," he said when asked, adding that the accused would be made available to Philippine authorities.

"They are innocent until proven guilty, but if they are found guilty, we find this an outrageous crime," Jones said. "We want to extend our condolence to the victim and the family."

Paredes, who earlier said the suspects were in Philippine custody, clarified that while the US has physical custody of the suspects, the Philippines has constructive custody.

The suspects, who are among the 4,000 to 4,500 US servicemen here for the Talon exercises since several weeks ago, are subject to a visiting forces agreement (VFA) that provides special legal protection for actions taken as part of the wargames but provides less protection for crimes committed while on leave.

"The US will strictly adhere to the provisions of the VFA, and will cooperate closely with Philippine authorities to ensure this case is handled fairly and that justice is done," the embassy statement said.

It cited a "mechanism" in the VFA which provides for "US and Filipino authorities to work together to determine the facts of the case and to ensure that the accused individuals are available to both Filipino and US investigators since the allegations would be crimes under both Filipino and US law."

« Last Edit: Dec 5^th, 2006, 3:51am by Pau »

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Pau
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Re: 6 US servicemen accused of rape in Subic
« Reply #1 on: Nov 16^th, 2005, 2:56am »

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Subic rape is 14th incident involving US soldiers in RP

First posted 00:09am (Mla time) Nov 12, 2005
By Veronica Uy
INQ7.net

THE alleged rape of a 22-year-old Filipina by six US Marines on All Saints' Day is the 14th incident involving visiting US military personnel in the Philippines between 2000 to present, Senator Manuel Villar said Friday.
Citing data from the Presidential Commission on the Visiting Forces Agreement, the vice chairman of the Senate committee on foreign relations said these incidents -- ranging from vehicular accidents and oil spillage, to accidental shooting and mauling -- prove that the alleged rape is not an isolated case.

He said the actual number of violations by US soldiers could be higher because "unfortunately some victims prefer to suffer in silence."

He recalled the reported vehicular accident in Zamboanga this year, when an American staff who was driving a rented vehicle hit a scooter carrying two passengers. The accused in this case paid for the medical bills, wage losses of the passenger, and repair of the damaged scooter.

Villar said the other VFA-related incidents on record include:

-Vehicular accidents in Zamboanga, Davao del Sur and Puerto Princesa

-An accidental shooting in Zamboanga

-Alleged human waste spillage and oil spill in Subic Bay

-Opposition of the Subanen tribe to the holding of military exercises in their area in Zamboanga

-Involvement of US forces in a firefight with Abu Sayyaf members

-An emergency landing of US helicopters that destroyed a rice field in Zambales

-A mauling incident in Cebu City where three American sailors beat up a taxi driver over fare altercation.

"Based on the document, sometime in 2002, a US soldier also did a Rambo-like act when he brandished an assault weapon while his companions were just withdrawing money from a bank in Zamboanga City,˛ said Villar.

There was also an incident in Cebu which resulted to the death of two boys.

The boys pried open an unspent shell they recovered from a firing range in Toledo, Cebu," said Villar.

All of these VFA-related incidents were resolved with the Americans simply paying for the harm or damage they had done, he said.

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Re: 6 US servicemen accused of rape in Subic
« Reply #2 on: Nov 16^th, 2005, 3:22am »

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The above case is a very sensational one here nowadays since it involves US servicemen of the Visiting Forces Agreement (VFA) or the joint military exercise of US and RP military...

Subic Bay used to be the biggest Naval Base of the US outside its borders and was closed down after the Mt. Pinatubo, a dormant volcano, came alive and buried towns in that region...

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Re: 6 US servicemen accused of rape in Subic
« Reply #3 on: Nov 16^th, 2005, 11:29am »

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Thanks for posting this.

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Re: 6 US servicemen accused of rape in Subic
« Reply #4 on: Nov 22^nd, 2005, 7:39pm »

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6 US Marines appearance at preliminary probe uncertain

First posted 06:35am (Mla time) Nov 23, 2005
By Nikko Dizon, Armand N. Nocum
Inquirer News Service
http://news.inq7.net/breaking/index.php?index=1&story_id=57493

Subscribe to Breaking News alerts, send ON EXTRA BREAKING to 2207 for Globe, or send EXTRA BREAKING to 386 for Smart.

THE United States Embassy Tuesday said it could not confirm a hundred percent if the six US Marines accused of raping a 22-year-old Filipino woman would be appearing at the preliminary investigation of the case on Wednesday at the Olongapo City prosecutors office.
It is between the prosecutors and their (the soldiers) lawyers if they need to be there, said Matthew Lussenhop, the embassy spokesperson, in a phone interview.

Lussenhop said the embassys responsibility under the terms of the Visiting Forces Agreement was to make the soldiers available to Philippine courts.

The embassy has yet to respond to a request from the Department of Foreign Affairs for it to surrender the soldiers to Philippine authorities.

Justice Secretary Raul Gonzalez said he did not expect anything from Wednesdays preliminary investigation as the victims lawyers were reported seeking a closed-door session and were even considering not to have their client make an appearance at all.

Gonzalez said in jest: I dont think sensitive issues will come out except the exhibit of the panties.

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Subic rape hearings end
« Reply #5 on: Oct 5^th, 2006, 2:35am »

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Subic rape hearings end

Prosecutor shrugs off claims of deal

By Tetch Torres
INQ7.net
Last updated 02:04pm (Mla time) 10/05/2006
http://globalnation.inq7.net/news/breakingnews/view_article.php?article_ id=24938

(UPDATE) THE marathon hearings of the Subic rape case have come to an end after the prosecution chose to dispense with the presentation of rebuttal evidence.

Makati City Regional Trial Court Branch 139 Judge Benjamin Pozon, who is trying the controversial case, has tentatively scheduled the promulgation or verdict for November 27 and gave the defense and prosecution non-extendable 30-day deadlines to submit their respective memoranda.

Senior State Prosecutor Emelie Fe Delos Santos said Thursday they believe the evidence they have presented has made for a very strong case and that they submitted to the court a formal manifestation that they are no longer intended in presenting rebuttal evidence.

"We thought we still need to present a rebuttal evidence but when we look(ed) at the records of the case, we have seen that what we are supposed to show during rebuttal has been established already in our presentation of evidence," Delos Santos said.

She also took note of the inconsistencies in the testimonies of all the accused, particularly that of US Marine Lance Corporal Dominic Duplantis.

Duplantis, Lance Corporals Keith Silkwood and Daniel Smith, the principal accused, and Staff Sergeant Chad Carpentier, are charged for the alleged rape of a 23-year old Filipina inside a van at the Subic Bay Freeport in November last year.

"According to the others, and according to him, he (was) the most drunk and yet he has the most vivid memory and the longest affidavit. How is that possible?" she said.

"Its now up to the judge to decide," she added.

All the prosecution needs to do, she said, is to submit within four days its comment on the offer of evidence of the accused.

The chief of the government prosecution panel said the four Marines submitted their offer of evidence only early this week, instead of Friday last week, because of typhoon Milenyo.

Delos Santos also shrugged off the affidavits of the mother and brother of the complainant known publicly as Nicole, in which they claimed she allegedly tried to pressure them to negotiate with US authorities or have Nicole's case traded for that of former Agriculture undersecretary Jocelyn "Jocjoc" Bolante, who is being tried on immigration charges in the US.

"I welcome their affidavit. Its the same banana...I am just doing my job and I am doing it well," Delos Santos said.

The marathon hearings of the controversial case began June 2 last year. The prosecution has presented over 20 witnesses.

The case has to be decided by December, when a one-year deadline to wrap the trial or have the accused returned to US jurisdiction as provided in the Visiting Forces Agreement, expires.

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Re: 6 US servicemen accused of rape in Subic
« Reply #6 on: Oct 5^th, 2006, 12:33pm »

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Just disgusting, whether true or false...both are disgusting to me. I hope there are dna results that are clear and irrefutable. Sometimes, like with the university thing earlier this year, the claim of rape is false and dna helps prove that. Sometimes the rape accusations are real, and dna helps prove that. A clear & solid answer is needed here. In either case there should be zero tolerance (rape or false accusations).

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Re: 6 US servicemen accused of rape in Subic
« Reply #7 on: Oct 5^th, 2006, 10:00pm »

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it was admitted by one of the servicemen that there was intercourse that occurred.. i think the thing to prove is if it was forced or not... i heard in the news that another serviceman in the same van said that he noticed the other guy and the girl doing the deed....

but we'll see the result of the case next month...

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Re: 6 US servicemen accused of rape in Subic
« Reply #8 on: Dec 5^th, 2006, 3:50am »

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US Marine guilty of raping Filipina, 3 others acquitted

By Tetch Torres
INQ7.net
Last updated 07:12pm (Mla time) 12/04/2006
http://newsinfo.inq7.net/topstories/topstories/view_article.php?article_ id=36279

(7TH UPDATE) ONE of four US Marines accused of raping a Filipina in Subic last year was found guilty while three others were acquitted by a local court Monday.

Lance Corporal Daniel Smith, 21, from St. Louis in Missouri, faces up to 40 years in prison following the verdict handed down by Judge Benjamin Pozon of Branch 139 of the Makati regional trial court (RTC).

He was also ordered to pay P50,000 in compensatory and P50,000 in moral damages.

Meanwhile, the court acquitted Lance Corporals Keith Silkwood and Dominic Duplantis and Staff Sergeant Chad Carpentier for lack of evidence.

Pozon ruled on the case 23 days before the one-year deadline under the Visiting Forces Agreement to finish the case or return the Marines to US jurisdiction would have expired.

Nicole, a court-appointed pseudonym, had accused Smith of raping her at the Subic Bay Freeport on Nov. 1, 2005 while the other three allegedly cheered him on.

Smith had claimed that the sex act was consensual. Instead, he became the first American soldier to be convicted of wrongdoing since the Philippine Senate ordered US bases shut down in the early 1990s and joint training was established under a treaty, the Visiting Forces Agreement, in 1998.

Attorney Ricardo Diaz, Smiths lawyer, appealed to the court that his client be allowed to remain in the custody of the US embassy while his case was being appealed but Judge Pozon denied the lawyers motion twice.

Rape as a harrowing experience is not remembered in detail. It casts a stigma upon the victim. Rape is a grave physical violation and it subjects the womans honor to scorn, said the lengthy verdict, read by a court employee as the proceedings were televised live nationwide.

In his ruling, Pozon gave credence to the testimony of Gerald Muyot, the security guard from Neptune Bar who had witnessed Smith carry Nicole on his back out of the bar.

The court also took note of the testimony of Joseph Khonghun, who saw Smith and Silkwood unloading Nicole out of the van to the Alava pier where they left her.

"This court has no reason to doubt the foregoing testimonies of said witnessesEvidence clearly showed accused Smith took advantage of the intoxication of the complainant in perpetrating the subject felony. So, even though there was no direct evidence to show that the crime of rape was committed, the circumstantial evidence shows otherwise," the court said.

It noted that:
He was the one who danced last with Nicole;
He brought the complainant out of the bar on his back;
He loaded the complainant to the van;
He occupied the backseat of the van with the complainant;
He was the one on top of the complainant while inside the van;
He admitted having carnal knowledge of the complainant;
Smith, together with Silkwood carried the complainant out of the van;
The complainant felt pain in her private part;
Realizing that she was raped, Nicole tried to look for Smith at the bar;
The complainant revealed the sexual assault although not immediately to the guard at the Neptune Bar, to her sister Anna Franco, the doctor who examined her;
Examination of the complainant showed that she suffered contusions consistent with sexual assault;
The complainant's vagina elicited unusual tenderness upon examination;
Her underwear had seminal stain;
The condom also had seminal stain;
The seminal stain from the underwear and condom were confirmed to match Smith's DNA.

"All these taken into account, the Court is morally convinced that Smith committed the crime charged. He admitted having sexual intercourse with the complainant whom he knew was intoxicatedthus she could not have consented on the bestial acts of the accused," the court said.

Thus, a severe penalty is meted out by this state, as parens patriae [father of his country] on this advert crime, to protect the women against the bestiality of persons who cannot control their libidos, it said.

"The prosecution having presented sufficient evidence against Smith, also from the US Marine Corps, this court hereby finds him guilty beyond reasonable doubt in the crime of Rape and hereby sentences him to suffer him of reclusion perpetuaPursuant to the Visiting Forces Agreement, accused Smith shall serve his sentence in the facilities hereafter agreed upon by the US and Philippine government. Pending agreement, Smith is hereby temporarily admitted to the Makati city jail," the court ruled.

As for Carpentier, Silkwood, and Duplantis, the court said they could not be held as principal via indispensable cooperation, accessories, or accomplices.

"The act of Smith can be committed without the acts of Carpentier. Besides he did know of Smith's plan. For Silkwood, the prosecution failed to present evidence that he knew what was happening at the backseat of the van," the court ruled.

"While there was evidence that someone was uttering "f---, f---coming, coming" there was no sufficient proof who said those words," the court added.

"In so far as Duplantis, he did not perform separate act that could induce Smith in committing the crime subject of this case. He did not perform any act within which could lead to Smith performing such act committed to this case. He may be the one who uttered the words "f---, f---" and "coming, coming" but there was no direct evidence that he said those words. He did nothing but sit inside the van and perhaps watch what Smith was doing," the court said.

"Likewise accused Carpentier, Silkwood, and Duplantis cannot be considered as accomplices of accused Smith for they do not know beforehand the carnal knowledge of Smith. There was no showing that they cooperated with the plan of smith," the court said.

The court added that the three accused could not also be considered as accessories for they did not profit in the commission of the crime or tried to conceal the evidence of the crime.

"Wherefore, premises considered, due to the failure of prosecution to present evidence, Staff Sergeant Chad Carpentier, Lance Corporals Keith Silkwood and Dominic Duplantis, all of the US Marine Corps are hereby acquitted of the crime charge," the court said.

From the court, the three had been ordered immediately released.

Some cheers and applause broke out in the courtroom, and Nicole began weeping as supporters embraced her.

Thank God, she said, as her supporters, shouting, Jail all the rapistsHuwag palabasin yang mga yan [Don't let them out]," tried to block the four Americans who were escorted out of the courtroom.

Smith, wearing a grey suit and trying to keep a poker face, tried to evade Nicole's supporters by sneaking past the three other servicemen.

Security personnel deployed by the US embassy shoved Nicoles supporters aside as Makati police moved in to prevent the confrontation from escalating. The American security men then surrounded the four Marines and whisked them out of the courtroom.

Television footage however showed Carpentier emerging from the court straightening his tie, which a supporter of Nicole had apparently succeeded in grabbing.

In a separate interview on GMA Networks QTV-11, Nicole said she was happy with the verdict.

She also praised Pozon for ordering Smith to be sent to the Makati City Jail instead of handing him back to American custody.

When asked whether she could forgive Smith, Nicole was uncertain, simply saying, God is good.

It was unclear whether Smith would serve the sentence in the Philippines or elsewhere. He also could appeal the verdict.

The other Marines backed up Smith's testimony, denying any wrongdoing, and were freed.

About 100 protesters gathered outside the courthouse, chanting and singing "Bayan Ko" -- "My Country" -- a popular nationalist song. They waved a banner that read "Justice for Nicole, justice for our nation. Scrap VFA."

As a van dropped the Americans off and they were escorted by 50 helmeted riot police toward the court, members of women's group came up from behind yelling, "Convict, convict! Justice, justice!" as they raised anti-US posters.

Evalyn Ursua, lawyer for the alleged victim, said acquittals could only be challenged under "exceptional circumstances" under Philippine law.

"Generally, an acquittal results in a final judgment," Ursua said.

The four Americans had just taken part in joint military exercises.

Diaz said earlier in the day that his client would appeal a guilty verdict.

The four-month trial, which ended on October 5, unleashed a wave of anti-American protests and demonstrations outside the US embassy and around Manila.

It led to calls from the opposition for the abolition of the VFA.

While the agreement protects soldiers from prosecution during exercises, it is less specific when it comes to crimes committed while on leave.

One controversial provision allowed the US embassy here, instead of the local police, to have custody of the four defendants during the trial, which adjourned in early October.

Ursua said she would immediately ask the court to transfer custody of the defendants to Philippine authorities in case of a guilty verdict.

Not since the 1960s has a criminal case involving US servicemen created so much bitterness and anti-American feeling than what is popularly referred to as the Subic Bay rape case.

For many it has revived memories of the "ugly American" when US servicemen stationed in the Philippines were frequently accused of bad behavior and, it is claimed, literally got away with murder in some cases.

Filipinos have long been accustomed to the presence of US troops in their country.

There were some 20,000 US servicemen at Subic Naval Base, then the repair and supply yard of the Japan-based US Seventh Fleet, and the Clark Air Base, home of the 13th US Air Force, before they and a handful of smaller facilities were handed over to the Philippines in 1992.

Washington installed the bases shortly after winning control of the Philippines from Spain in the Spanish-American War of 1898.

The Philippines won independence in 1946 and a year later the US signed a military bases agreement with its former colony allowing US forces use of Subic, Clark and 19 other smaller facilities for 99 years.

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Re: US Marine guilty raping Filipina, others acqui
« Reply #9 on: Dec 5^th, 2006, 3:51am »

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US formally seeks custody of Smith
Arroyo wants VFA followed on custody -- DoJ

By Veronica Uy, Nestor P. Burgos Jr.
INQ7.net, Inquirer
Last updated 04:56pm (Mla time) 12/05/2006
http://newsinfo.inq7.net/breakingnews/nation/view_article.php?article_id =36517

(UPDATE) THE United States on Tuesday formally asked the Philippine government for custody of convicted rapist Daniel Smith, a day after the Marine corporal was found guilty and sentenced to 40 years for raping a 23-year old Filipina in the Subic Bay Freeport November last year.

And indicating that the American request will be granted, Justice Secretary Raul Gonzalez said in Iloilo City that while President Macapagal-Arroyo was Satisfied with the verdict on Smith, he had been ordered to ensure the country complies with its commitments under the Visiting Forces Agreement on the matter of the convicted Marines custody.

"We will abide by the provision of the [VFA]. We should not be the first to violate the treaty," said Gonzalez when reached by the Inquirer by phone at his residence in Iloilo City.

But Gonzalez, who earlier bared alleged plans by the US to take Smith out of the country, reiterated that, while the convicted Marine could stay in American custody, he should remain in the country until his case is resolved with finality.

A statement read by Department of Foreign Affairs (DFA) undersecretary for Special Concerns Rafael Seguis said the American note verbale reaffirms the right of the United States military authorities to exercise custody of any United States personnel over whom the Philippines is to exercise jurisdiction until completion of all judicial proceedings, notably in the ongoing legal case of Lance Corporal Daniel Smith.

Smith, 21, is at the Makati City Jail on orders of Regional Trial Court Judge Benjamin Pozon, who said he should remain there until Philippine and American authorities agree on where he should be detained.

However, the DFA contends that the VFA, which the US note verbale invokes, requires that Smith remain in American custody until the appeal process on his conviction runs its course.

Seguis cited Article V, paragraph 6 of the VFA, which the note verbale quotes.

However, he also acknowledged that Mr. Smith may be transferred to the custody of United States authorities only upon authority of the court and that the convicted servicemans lawyers have already filed a motion for reconsideration on the commitment order before the Makati Regional Trial Court.

But Gonzalez said the VFA, being a treaty, has the effect of a law and thus prevails over Pozons to detain Smith at the Makati jail.

"The provisions of the VFA should take precedence over court order because a treaty is part of the laws of the land," said Gonzalez, adding that Pozon should go back to the VFA provision because the court was "supposed to have judicial knowledge of the existence of treaties."

Gonzalez said Smith could be detained at the US embassy or other facilities, including US military barracks in the country.

"If [the American government] will agree, Smith can be detained at the Philippine Army headquarters in Fort Bonifacio. I will be happy with that," said Gonzalez.

But several quarters, including rape victim Nicole and her counsel, insist that Smith should remain in a Philippine jail and not handed back to American authorities.

Womens groups in Iloilo said the court decision finding Smith guilty of rape was just the "first step in finding justice for "Nicole" and other Filipino women who were victims of various forms of violence and abuse by US servicemen."

The Samahan ng mga Mag-aaral at Kabataang Kababaihan (Samaka) based in the University of the Philippines in the Visayas and Gabriela in Panay said "vigilance is necessary to ensure that Smith is punished accordingly."

"We should ensure that the decision is not reversed and that Smith is not given any special treatment. He should be treated as any other convict found guilty of rape in this country," said the women's groups in a statement.

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