Subic rape witness says marines ordered a lot of drinks
By JEFFERSON ANTIPORDA, The Manila Times Reporter
The prosecution and defense had one crucial point to settle in the continuation of the Subic rape case on Tuesday: Whether the 22-year-old woman, identified only as Nicole, was drunk or sober when she claimed an American marine sexually assaulted her.
L/Cpl. Daniel Smith, the principal accused, admitted to having had sex with the complainant, but maintained it was a consensual act. The prosecution argued that it could not be consensual if the woman was drunk.
Three other marines stand accused of the crime as coconspirators. The charge sheet said they cheered Smith while he was committing the crime.
At the hearing, bartender Roger Salidad, a prosecution witness, said Christopher Mills, one of the coaccused, had initially ordered a vodka-Sprite cocktail—a mixture of one shot of vodka and three shots of Sprite.
He added this was followed in succession by drinks called "B52," "Singapore Sling," "Long Island Iced Tea" and "Bull Frog."
Salidad, who was tending the bar on the night of Nov. 1, 2005, could not categorically say which drinks went to Nicole or how much she drank.
By bringing in Salidad as a witness, the prosecution sought to prove that Nicole was drunk so could not have consented to the sexual act.
In an interview after the hearing, Evalyn Ursua, prosecution counsel, pointed out that the complainant had taken a quantity of alcoholic drinks on an empty stomach.
"The alcohol made her vulnerable," Ursua said. "She and Franco had only eaten a slice of pizza each for dinner."
The defense lawyers tried to show that the complainant and her stepsister were not drunk.
Jose Justiniano, Smith’s lawyer, asked Franco if Nicole could walk on her own when they left the club.
When Franco replied yes, Justiniano replied: "That means her sister could still take care of herself."
The prosecution and defense had one crucial point to settle in the continuation of the Subic rape case on Tuesday: Whether the 22-year-old woman, identified only as Nicole, was drunk or sober when she claimed an American marine sexually assaulted her.
L/Cpl. Daniel Smith, the principal accused, admitted to having had sex with the complainant, but maintained it was a consensual act. The prosecution argued that it could not be consensual if the woman was drunk.
Three other marines stand accused of the crime as coconspirators. The charge sheet said they cheered Smith while he was committing the crime.
At the hearing, bartender Roger Salidad, a prosecution witness, said Christopher Mills, one of the coaccused, had initially ordered a vodka-Sprite cocktail—a mixture of one shot of vodka and three shots of Sprite.
He added this was followed in succession by drinks called "B52," "Singapore Sling," "Long Island Iced Tea" and "Bull Frog."
Salidad, who was tending the bar on the night of Nov. 1, 2005, could not categorically say which drinks went to Nicole or how much she drank.
By bringing in Salidad as a witness, the prosecution sought to prove that Nicole was drunk so could not have consented to the sexual act.
In an interview after the hearing, Evalyn Ursua, prosecution counsel, pointed out that the complainant had taken a quantity of alcoholic drinks on an empty stomach.
"The alcohol made her vulnerable," Ursua said. "She and Franco had only eaten a slice of pizza each for dinner."
The defense lawyers tried to show that the complainant and her stepsister were not drunk.
Jose Justiniano, Smith’s lawyer, asked Franco if Nicole could walk on her own when they left the club.
When Franco replied yes, Justiniano replied: "That means her sister could still take care of herself."
posted by OlongapoCity Zambales at
9:50 AM
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