dossiermanila

LAW GROUP CRIES FOUL OVER NICOLE "RECANTATION"

MANILA -- A local lawyers' group yesterday denounced what it said were glaring irregularities in the retraction made by rape victim "Nicole" supposedly clearing convicted rapist Daniel Smith before her decision to flee to the United States.

In a statement the Alternative Law Groups (ALG) through Atty. Marlon Manuel said "the recently sworn statement by Nicole fails to make a credible retraction of her testimony during the trial of the Subic rape case. It should not bear any legal significance on the appeal of the conviction now pending before the Court of Appeals or on the issue of the custody of convicted American soldier Daniel Smith."

ALG chairperson Lorena Navaliasca for her part said that the development "clearly exemplifies how women victims of violence ,as well as members of marginalized and vulnerable groups have been at a disadvantaged position in the country's justice system.


"What is particularly disturbing are the circumstances surrounding the affidavit's execution. The preparation of the affidavit without the assistance --and without the knowledge -- of Nicole's counsel clearly established a lopsided situation with Nicole at the losing eng. The affidavit glaringly presented the defense version."Manuel added.

A petition has been filed before the Supreme Court by individuals and groups asking the high court to investigate Daniel Smith's defense lawyers involvement in the Court of Appeals draft ruling acquitting the US Marine.
The suit also urges the high court to stop the appellate court from proceeding with the case and for the SC to conduct an investigation of what it said was "the questionable circumstances of the execution of the supposed sworn statement of Nicole dated 12 March 2009 and "to discipline, if warranted, the lawyers, including Sycip Salazar Hernandez & Gatmaitan"
The latter they said may have violated ethical rules in its execution and notarization.
Petitioners said that while the investigation is being conducted,the SC should stop the CA from resolving Smith’s appeal until all the issues.
Individual petitioners in the suit are former Leticia Ramos Shahani is a former senator and one of the principal authors of Republic Act No. 8353, also known as the Anti-Rape Law of 1997, Mary John Mananzan, Teresita Ang See, Nemenzo and Cristina as well as lawyers Evalyn G. Ursua and Harry Roque.
Likewise parties in the suit are the Gabriela (General Assembly Binding Women For Reforms, Integrity, Equality, Leadership and Action),its party-list group Gabriela Women's Party (“GWP”) , the Bagong Alyansang Makabayan ( Bayan), the Ecumenical Women's Forum and Task Force Subic Rape.
The parties are questioning what it claims are improper steps taken by government lawyers as well as the defense panel in the suit. "The Office of the Solicitor General has not taken any step to ensure that the interests of the people are protected. For example, it has not made any move to ascertain whether the People’s principal witness, Nicole, indeed freely, voluntarily and intelligently executed her alleged sworn statement of March 12, 2009. " the petitioner said.
"It has not made any move either to ascertain whether unethical or illegal methods were employed by Daniel Smith’s lawyers in the execution of Nicole’s supposed sworn statement in their office. In the light of the Office of the Solicitor General’s insistence that Smith should be detained in the U.S. Embassy until the final resolution of his appeal, despite the Supreme Court ruling of February 11, 2009, the office evidently suffers from a serious conflict of interest."
The petitioner said while the supposed sworn statement of Nicole has been called a “recant” by the media, "in truth, the same is not a recant."
The parties also said there is no inconsistency between the new statement and the testimonies of Nicole and other witnesses and that the narrative in the sworn statement affirms "Nicole’s severe intoxication before and during the rape, which deprived her of the capacity to give free, voluntary and intelligent consent to any sexual contact, as corroborated by toxicology experts and other prosecution witnesses during the trial".\ The sworn statement is not inconsistent with the testimonies of witnesses who saw the U.S. marines dump Nicole on the side of the road " like a pig, with her pants down and its zipper at the back, and with a condom sticking out of her panties. " Those witnesses testified that Nicole was incoherent and unable to even remember her name.
" From the sequence and timing of events, it is not difficult to conclude that everything has been orchestrated so that in the end Smith will get acquitted and the public will accept the acquittal. With the acquittal, the issue of Smith’s custody by the U.S. Embassy, which has become legally untenable and a foreign relations nightmare to both the Philippine and U.S. governments, will disappear, as ably predicted by Secretary Remonde. "the parties said.###