RP women’s groups slam Smith acquittal
May 5, 2009
Written by News Team, in Articles/Stories
Ironically, it was the three women justices of the CA 11th Division, namely: Associate Justices Monina Arevalo-Zenarosa, Remedios Salazar-Fernando and Myrna Dimaranan-Vidal that issued the decision acquitting Smith from the rape charges filed by Suzette “Nicole” Nicolas in 2006. The ruling overturned the decision of the Makati trial court convicting Smith to life imprisonment.
And women’s groups are now leading the protest marches.
The court said the recantation of the charges of Suzette last month had no bearing in its decision.
Teresita Ang-See, an anti-crime crusader, said the decision was “outrageous,” while others said it was “shameless.” She was echoed by Akbayan Party-list Rep. Riza Hontiveros-Baraquel. She said in a statement that the acquittal was “shameless and thoroughly disgusting.” Hontiveros added that the decision is an insult to the Filipinos’ collective dignity.
Evalyn Ursua, the former lawyer of the rape victim, said she was not surprised with the decision. “Unfortunately, they have a new reading of the case,” Ursua said.
“What we see was the unfolding of a spontaneous, unplanned romantic episode with both parties carried away by their passion and stirred up by the urgency of the moment caused probably by alcohol drinks they took, only to be rudely interrupted when the van suddenly stopped to pick up some passengers,” said the CA in its 71-page decision.
This decision, which was earlier revealed by court sources, is now being investigated by the Supreme Court.
The CA said that there was no threat, intimidation and force employed by Smith in the “sexual encounter” and that the prosecution failed to present evidence that force was used by the accused.
The CA also set aside the recantation affidavit of Nicole which she executed last March 12, 2009 before she left for the United States where she is now residing.
Nicole’s affidavit says that she was not sure whether or not indeed she was raped on Nov. 1, 2005.
Justice Zenarosa, who penned the decision, stressed that they did not consider nor were they influenced in their decision by the publication of a draft resolution penned by CA Associate Justice Agustin Dizon, acquitting Smith of rape charges.
Dizon first handled the case of Smith at the CA. However, the former retired on June 24, 2008 which negated the issuance of the draft resolution and, in the process, the case was transferred to the CA 11th Division.
“Wherefore, on reasonable ground, the accused Lance Corporal Daniel Smith is hereby acquitted of the crime of rape as alleged in the information. He is ordered released immediately unless held for other lawful case,” the CA decision said.
Smith was found guilty beyond reasonable doubt by Makati City Regional Trial Court (RTC) Branch 139 Presiding Judge Benjamin Pozon on Dec. 4, 2006.
The Supreme Court (SC) upheld the “constitutionality” of the RP-US VFA.
However, the agreement between US Ambassador to the Philippines Kristie Kenney and Foreign Affairs Secretary Alberto Romulo regarding the place of detention and custody of Smith was declared “unconstitutional”.
With such “unconstitutionality” of Kenney-Romulo Agreement, negotiations are now underway for the transfer of the custody or place of detention to a facility supervised by Philippine authorities.
This is so, in the sense that the VFA has been put to test on whether how to handle the custody of an offending soldier of both Filipino and American nationality.
While the conviction of Smith was pending before the CA, rape victim Nicole flew to the United States leaving behind a supposed sworn affidavit purportedly recanting her earlier testimony before the Makati City RTC that she was raped by Smith.
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