Verdict in US Marine rape case before December -- judge
By Tetch Torres
INQ7.net, Agence France-Presse
Originally, Makati City regional trial court Judge Benjamin Pozon said he intended to issue a ruling before November 1, exactly a year after a vacationing Filipino woman was allegedly raped inside the sprawling Subic Bay Freeport south of Manila.
"I don't think that is still possible because with the additional witness of the defense and rebuttal witnesses of the complainant I won't have enough time to prepare," Pozon said.
He made his statement after the fourth and last of the Marine defendants -- who had been stationed at the former US naval base of Subic Bay north of Manila -- stepped down from the witness stand.
But he gave assurances a verdict would be delivered before the one-year restrictive trial period imposed under the Visiting Forces Agreement (VFA) lapses.
The rape case was filed in December 2005 in Olongapo City and the accused soldiers were arraigned in the Makati RTC in April. Pozon, however, earlier ruled that the counting began when the case was raffled off in the Olongapo court.
Under the VFA, which was signed by between Manila and Washington in 1998, the trial of foreign troops who are accused of violating the host country's penal code must be concluded within a year.
Lance Corporals Daniel Smith, Keith Silkwood and Dominic Duplantis and Staff Sergeant Chad Carpentier face lengthy prison terms of up to 40 years if convicted of rape.
The complainant, who turned 23 this week, alleged that following a night out at a nightclub near the Us base last November, she was sexually assaulted by Smith in the back of a rented van as the three other Marines cheered him on.
Smith has testified he had consensual sex with the woman, only known as Nicole, and denied raping her.
The three other Marines, including Duplantis in his testimony Friday, supported Smith's version of events.
"I didn’t see anything in the van that was unusual," he said.
"I couldn’t tell what was exactly happening for sure but I saw Smith and the woman were actively involved," Duplantis told the court.
Filipino state prosecutors introduced 23 witnesses during the trial, which began on April 28.
The case has stoked bitter anti-US sentiment in the former American colony.
US forces gave up their major bases at Subic Bay and Clark Air Base in the early 1990s after the Filipino senate refused to ratify a new bases treaty.
The trial resumes next week, when lawyers for the defendants conclude their case.
On Monday, forensic pathologist Dr. Teresita Sanchez will return to the witness stand for cross-examination.
Pozon also ordered the defense to give the name of their new witnesses by Monday or they will no longer be allowed to testify.
Meanwhile, the prosecution said they will have three rebuttal witnesses, including Guy Papageorge from the US Naval Criminal Investigation Service (US-NCIS).
INQ7.net, Agence France-Presse
Originally, Makati City regional trial court Judge Benjamin Pozon said he intended to issue a ruling before November 1, exactly a year after a vacationing Filipino woman was allegedly raped inside the sprawling Subic Bay Freeport south of Manila.
"I don't think that is still possible because with the additional witness of the defense and rebuttal witnesses of the complainant I won't have enough time to prepare," Pozon said.
He made his statement after the fourth and last of the Marine defendants -- who had been stationed at the former US naval base of Subic Bay north of Manila -- stepped down from the witness stand.
But he gave assurances a verdict would be delivered before the one-year restrictive trial period imposed under the Visiting Forces Agreement (VFA) lapses.
The rape case was filed in December 2005 in Olongapo City and the accused soldiers were arraigned in the Makati RTC in April. Pozon, however, earlier ruled that the counting began when the case was raffled off in the Olongapo court.
Under the VFA, which was signed by between Manila and Washington in 1998, the trial of foreign troops who are accused of violating the host country's penal code must be concluded within a year.
Lance Corporals Daniel Smith, Keith Silkwood and Dominic Duplantis and Staff Sergeant Chad Carpentier face lengthy prison terms of up to 40 years if convicted of rape.
The complainant, who turned 23 this week, alleged that following a night out at a nightclub near the Us base last November, she was sexually assaulted by Smith in the back of a rented van as the three other Marines cheered him on.
Smith has testified he had consensual sex with the woman, only known as Nicole, and denied raping her.
The three other Marines, including Duplantis in his testimony Friday, supported Smith's version of events.
"I didn’t see anything in the van that was unusual," he said.
"I couldn’t tell what was exactly happening for sure but I saw Smith and the woman were actively involved," Duplantis told the court.
Filipino state prosecutors introduced 23 witnesses during the trial, which began on April 28.
The case has stoked bitter anti-US sentiment in the former American colony.
US forces gave up their major bases at Subic Bay and Clark Air Base in the early 1990s after the Filipino senate refused to ratify a new bases treaty.
The trial resumes next week, when lawyers for the defendants conclude their case.
On Monday, forensic pathologist Dr. Teresita Sanchez will return to the witness stand for cross-examination.
Pozon also ordered the defense to give the name of their new witnesses by Monday or they will no longer be allowed to testify.
Meanwhile, the prosecution said they will have three rebuttal witnesses, including Guy Papageorge from the US Naval Criminal Investigation Service (US-NCIS).
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