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   'Nicole' now doubts if Smith raped her

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Topic: 'Nicole' now doubts if Smith raped her (Read 1106 times)

Elizabeth
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'Nicole' now doubts if Smith raped her
« on: Mar 19^th, 2009, 10:15pm »

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The woman at the center of a controversy between the US and the Philippines has effectively reversed her statements regarding her rape by a US serviceman in 2005, saying she is now unsure whether she was raped.

In a five-page affidavit submitted Tuesday to the Court of Appeals by the lawyer of convicted US Marines Lance Corporal Daniel Smith, Subic rape case victim "Nicole," said she is now conscience-stricken and now doubts if she was really raped on November 1, 2005.

In the affidavit, which Nicole signed on March 12, 2009, she recalled the events of November 1, 2005 when she claimed she was raped in Subic by Smith, who was convicted a year later.

In her new statement, Nicole admitted she had been drinking a lot of alcohol that night and may have lost her inhibitions.

"With the amount of alcoholic mixed drinks I took, my low tolerance level for alcohol and with only a slice of pizza all night, it dawned upon me that I may have possibly lost my inhibitions, became so intimate with Daniel Smith and did more than just dancing and talking with him like everyone else on the dance floor," Nicole said.

Nicole said she herself poses questions and doubts on the case they built against Smith.

She asked, why would have Smith taken her out of the Neptune Club via the main entrance where a lot of people saw them if he had intended to rape her? And that if she had lost consciousness, as she insisted, why would she recall being kissed and groped by Smith at the back of the van that the American soldiers were using then?

Nicole said her conscience has been nagging her since she was friendly and intimate with Smith that night and they could've have gotten carried away.

"My conscience continues to bother me realizing that I may have in fact been so friendly and intimate with Daniel Smith at the Neptune Club that he was led to believe that I was amenable to having sex or that we simply just got carried away," she said.

'Risk public outrage' for justice

Nicole said she realizes that she will come under criticism for these statements, but she said she can't help but entertain doubts on what really happened.

"I expect many sectors to question my motives in executing this statement more than three years after the incident... thinking over and over again how I may have conducted myself at the Neptune Club, I can't help but entertain doubts on whether the sequence of events in Subic last November of 2005 really occurred the way the court found them to have happened," it read.

Nicole added she would rather face public outrage than do nothing to help the court ensure that justice has been served.

"I would rather risk public outrage than do nothing to help the court in ensuring that justice is served," she added.

The affidavit was submitted to the CA by Smith's lawyer Jose Justiniano, who also said, that they have settled their financial obligations to Nicole, worth P100,000.

All signs point to a deal

A veteran trial lawyer told ABS-CBN News this latest development in the rape case has all the indications that a deal has been reached between Smith and the victim.

The lawyer, who declined to be named, said that the recantation could eventually lead to the dismissal of the case and Smith's acquittal.

He said the ball is now in the hands of the prosecution on whether it will still insist that Nicole was indeed raped. It will then depend on the court to assess the value of Nicole's affidavit and decide whether to dismiss the case. -- report from Marieton Pacheco, ABS-CBN News

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http://www.abs-cbnnews.com/nation/03/17/09/nicole-now-doubts-if-smith-ra ped-her

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Elizabeth
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Re: 'Nicole' now doubts if Smith raped her
« Reply #1 on: Mar 19^th, 2009, 10:19pm »

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Nicole recants, clears Smith

Shes now in US with P100K in payment
By Julie M. Aurelio, Norman Bordadora
Philippine Daily Inquirer
First Posted 00:25:00 03/18/2009

MANILA, PhilippinesThe Filipino woman who accused an American Marine of raping her in November 2005 has not only recanted more than two years after winning a conviction but has also accepted money from him and flown to the United States for good.

This happened amid resurgent controversy over the Philippine-US Visiting Forces Agreement (VFA), which allows temporary US military presence in the Philippines.

At a press conference Tuesday, lawyer Evalyn Ursua said she was informed on Monday by the mother of her client, Nicole, that she had been dropped as legal counsel.

But Ursua promised to continue fighting the VFA and to assist other Filipino women in similar straits.

She said Nicoles mother had handed her a letter terminating her legal services.

Since it was Nicole and not her family who was my client, I asked Nicoles mother why Nicole didnt personally see me to hand the letter, or even give me a call. She replied that Nicole left for the US last week, for good, the lawyer said.

Nicole also issued a sworn statement on March 12 saying she expected her motives to be questioned.

She raised doubts that US Lance Cpl. Daniel Smith had raped her, and suggested that she might have welcomed his sexual advances at the Neptune Club in the Subic Bay Freeport Zone.

She added: My conscience continues to bother me realizing that I may have in fact been so friendly and intimate with Daniel Smith at the Neptune Club that he was led to believe that I was amenable to having sex or that we simply just got carried away.

Question of custody

In December 2006, Judge Benjamin Pozon of the Regional Trial Court in Makati City convicted Smith of raping Nicole and sentenced him to up to 40 years behind bars.

Smith was held at the Makati City Jail; within days he was transferred clandestinely to the US Embassy in Manila, where he continues to stay.

The question of who should have custody over Smith was again raised when the Supreme Court ruled recently that he should be held in a Philippine-run facility while awaiting the result of his appeal.

The high courts ruling along with the US Embassys stalling has triggered calls for review or abrogation of the VFA, which governs the conduct of US soldiers engaged in joint military exercises in the Philippines.

On the phone, US Embassy spokesperson Rebecca Thompson refused to comment on reports that Nicole had flown to the United States.

We have seen media reports but we have no further information on this for you, Thompson said.

P100,000 payment

Nicole has also issued a receipt and release document indicating that she had received P100,000 from Smith.

She said that with her receipt of the money, Smith, his heirs and successors-in-interest were released from any and all claims and compensatory damages awarded to her in connection with the civil aspect of the soldiers conviction of rape.

It is understood that the payment of the abovementioned amount was strictly voluntary on the part of Daniel Smith and shall not in any way be construed as admission of liability, of whatever nature, on the part of Daniel Smith notwithstanding that the latters appeal is still pending resolution, the receipt and release document read.

The document is among a number of papers submitted yesterday by Smiths lawyer, Jose Justiniano, to the Court of Appeals.

Indictment of justice system

Sen. Francis Pangilinan, who had filed a resolution in the Senate seeking the abrogation of the VFA, called on the court to act immediately on Smiths appeal.

Pangilinan said he found it terribly disheartening that Nicole had left for the United States.

We cannot blame Nicole and her family, he said in a statement, adding that this development was an indictment of our justice system that is perceived to favor the wealthy and the powerful and to be biased against the ordinary folks like Nicole.

Pangilinan pointed out that the state was responsible for disposing of cases swiftly and fairly.

Nicole did not fail us; our justice system did, he said, stressing that many people had given up on the Philippine justice system and should not be blamed for doing so.

Nicoles case represents the tens of thousands of cases languishing in our courts, in the Office of the Ombudsman and our prosecutors offices nationwide, Pangilinan said.

No justice

Ursua said Nicole and her family were tired of the case.

They do not want to be bothered by it anymore because, they said, there is no justice in the Philippines, she said.

Asked about speculation on why Nicole had chosen to leave, Ursua said: As a lawyer, I have to respect the decision. The others can say their speculations; I cannot.

Renato Reyes Jr., secretary general of the militant group Bagong Alyansang Makabayan (Bayan), raised the suspicion that the US government had pressured Nicole, her family and the Philippine government into arriving at the decision.

One cant help but speculate that the US was really moving to pressure them, Reyes said in an interview.

What the family said that there is no justice in the Philippines is a slap on the face of Gloria President Macapagal-Arroyo. It is a clear statement that [the government] failed to give justice, especially with the issue of custody over Smith.

Reyes also said it was not farfetched that the US and Philippine governments were working to ensure that the VFA would remain in effect.

He cited such purported signals as US President Barack Obamas telephone call to Ms Arroyo on Saturday and Ursuas removal as Nicoles lawyer.

The fight continues

Ursua said her involvement in the anti-VFA campaign did not end just because Nicole had left the country and terminated the contract with her lawyer.

Nicole was a strong symbol of Filipino women who have suffered. But it doesnt mean that the Junk VFA movement [will not prosper] because shes gone, Ursua said.

The lawyer said that should there be another Nicole, she would be more than willing to take up the cudgels for her: The fight against the VFA should not be limited to one woman.

In a signed statement that she read during the launch of the Junk VFA movement, Ursua said another Nicole could arise and the fight against the VFA and the presence of US troops must go on.

While I have ceased to be Nicoles lawyer, I, as a citizen who loves this country, remain committed to the cause of obtaining justice in Nicoles case and putting an end to the VFA, Ursua said, adding:

The Nicole that I and the other lawyers represented is beyond the woman that Nicole and her family thought she is. Nicole is every Filipina who was and will be raped by American soldiers.

Public crime

Ursua said rape was a public crime and the familys personal decision regarding the case should be immaterial.

It is now up to the Court of Appeals to decide the case on the basis of the evidence presented. Regardless of all the political maneuverings that attend this case, I and all who fought the good fight for Nicole know that ultimately, justice will prevail, she said in her statement.

Ursua said Nicoles mother handed her a letter at around 5:30 p.m. on Monday, purportedly from her client.

It reads that it serves as Nicoles notice of termination of my services as her counsel in the criminal case against Daniel Smith and all other cases arising from or related to it, the lawyer said.

Nicole also thanked Ursua for all the time and effort that you have devoted to the prosecution of the case.

Ursua told the Inquirer that the last time she spoke with Nicole was in February.

Shocked

I do not even know which state she is living in, Ursua said.

Bayans Reyes said he learned of Nicoles flight on Monday afternoon and that he, like the other anti-VFA proponents, was shocked.

We were really shocked at the news But everybody knew that there was probably pressure, he said.

Similar comments were aired by Sen. Jamby Madrigal and Gabriela Rep. Liza Maza.

Said Maza: I hope the US did not exert pressure on her, although that can be possible. It is suspicious that she is going there. Many suspect a compromise agreement crafted between the US and Malacańang. Nevertheless, I understand Nicole. We should not blame the victim here. She was not protected by the government.

Said Madrigal: Perhaps there was a deal that was too good to refuse. With reports from TJ Burgonio, Christine O. Avendańo, Leila B. Salaverria and Cynthia D. Balana

http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20090318-1946 96/Nicole-recants-clears-Smith

« Last Edit: Mar 19^th, 2009, 10:21pm by Elizabeth »

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