THE United States is entitled to custody of convicted rapist Lance Cpl. Daniel Smith until his conviction becomes final, Zosimo Paredes, executive director of the Presidential Commission on the Visiting Forces Agreement, yesterday said.
"Technically, the presumption of innocence remains. There is no finality yet. A decision of the lower court can still be reversed by the Supreme Court. It will not come into play as far as custody is concerned. Whether there is presumption or not, custody remains with them (US government)," Paredes said in a radio interview.
Chief presidential legal counsel Sergio Apostol also said Smith should remain under US custody until the Supreme Court rules on the case with finality.
Apostol said the US government has every right to appeal the place of detention for Smith.
The US Embassy yesterday formally asked for custody of Smith.
The Department of Foreign Affairs said it received a note verbale which "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."
PDI Editorial:
"We applaud Judge Benjamin Pozon’s decision to order Smith’s detention in a Philippine jail, in the absence of an agreement between the Philippine and American government as to where convicts should be detained. This is how all Filipino officials should undertake their official actions: firmly with Philippine interests in mind, and always to our country’s maximum advantage. Then, as now, there have been far too many Filipinos holding positions of authority, who are willing to argue and push forward an interpretation of any statute favorable to foreigners.
Naturally Smith’s lawyer will challenge Pozon’s decision. We would say, by all means, let both sides come to the bargaining table. But like it was during the trial, so might it be during the appeal: how can there be a Philippine negotiating position when there are Filipinos willing to negotiate for the American side and not our own?"
Rina Jimenez David:
"I WINCED a bit when I heard the clerk of court read out Nicole’s real name, broadcast to all the world on live TV. Someone had told me her real name some months ago, but I had completely forgotten it, since it wasn’t that important to me, and I had come to think of her only as “Nicole.”
Korina Sanchez, who anchored the ANC coverage, made much of the revelation of Nicole’s real name and the need for media to continue to protect her identity, since court records, which are of public record and therefore accessible to anyone who wants to see them, already reveal who she is.
But Nicole’s upset reaction when Sanchez told her that part of her face was captured by cameras as she was leaving the courtroom told us how she felt about the issue. It’s obviously important to Nicole that her privacy be preserved, that she be able to rebuild her life after the tumultuous, painful events of the past year have blown over.
Rachel Khan, chair of the University of the Philippines journalism department, pointed out that there was never any law prohibiting the media from disclosing Nicole’s identity. But there is a Code of Ethics that journalists should abide by, which bars the disclosure of a rape survivor’s identity to protect her from the stigma attached to rape and to enable her to begin anew.
Again, what is so urgent about the public’s “right to know” Nicole’s identity, including what she looks like? Why should we ignore her personal wishes when the coverage of the case has proceeded smoothly enough even if we knew her merely as Nicole, and won’t recognize her even if we should bump into her in the grocery? As it is, we already know too much about Nicole, including the gory details of what happened on the night of Nov. 1, 2005. Do we need to know even more about her?"
Ninez Cacho Olivarez:
Hats off to an independent Makati City Regional Trial Court judge for rendering a fair judgment on the celebrated Subic rape case, where Judge Benjamin Pozon found one American serviceman, Lance Corporal Daniel Smith, guilty beyond reasonable doubt for the crime of rape committed against “Nicole.”
The three others were acquitted, on Pozon’s conclusion that the prosecution failed to prove its charge of their being accessories to the crime, even if logically, it would appear well-nigh impossible that the three, who were in the van when the rape was taking place, couldn’t have known that Nicole was being raped — at least on the aspect that she was highly intoxicated and could not have possibly given her consent for a sexual tryst. Still, in law, if the prosecution fails to present evidence of its charge, no right-thinking judge can possibly convict any person, whether foreigner or Filipino, of the charges leveled against him.
The ruling is, however, not final and executory and Smith can appeal his case while the three who have been acquitted, are free.
Ernesto Maceda:
A big boo should go to the judges and prosecutors who inhibited themselves from the case, obviously wilting under pressure.
Hats off too to the unheralded, heretofore unknown woman lawyer, Evalyn Ursua, who did an excellent job protecting Nicole?s interest in spite of the attempt of government prosecutors to marginalize her.
Again, a slap on the wrist to the team of woman lawyers who withdrew from the case.
But the biggest commendation should go to Nicole and her mother who stood fast in prosecuting the case and turned down an offer of substantial settlement and surviving a harsh demolition job mounted by the pro-American side.
And mention must be made of all the militant women groups who supported Nicole from the start of the case to the finish. They spent valuable time and resources to go to Olongapo City in the early stages and later to Makati City to fight for Filipino womanhood.
Here's a chronology of the Nicole rape case for those who are not familiar with it to see.
In other news: Gov't economists were disappointed with the latest numbers, but I believe the actual state of the economy is worse than the 4.8% gov't numbers indicate. Anyway, magaling naman ang gobierno sa stat manipulation eh, katulad na lang nung unemployment numbers nila, o yung poverty level numbers, o yung classroom numbers at population growth stats ng arroyo admin.
Ninez piles on former beauty contestant Joelle Pelaez.
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