Subic rape verdict reset

The Makati City judge hearing the controversial Subic rape case rescheduled yesterday the promulgation of judgment for the four accused US Marines from Nov. 27 to Dec. 4.

"To render a fair and just decision, the court is constrained, much to its regret, to reset the promulgation of judgment in this case on Dec. 4 at 1 p.m.," Makati City regional trial court judge Benjamin Pozon said in an interim order. He said he needed more time to study all the testimonies and evidence so he could render a fair and just decision.

Pozon cited the court’s "limited time for it to intelligently and judiciously consider the significant and material issues raised by the prosecution and the defense."

Lawyers of both camps said they would not contest the resetting of the promulgation.

The four Marines - Keith Silkwood, Daniel Smith and Dominic Duplantis and Staff Sergeant Chad Carpentier — are in the custody of the US Embassy.

They are charged with the rape of a 23-year-old woman known publicly only as "Nicole" in the back of a van during a bar-hopping night out on Nov. 1, 2005 at the former US naval base in Subic Bay in Olongapo City. The four had just taken part in joint military exercises.

Smith had admitted having sex with the woman but insisted it was consensual. The three other Marines denied cheering him on and failing to do anything to stop the assault, which would make them equally guilty of rape under Philippine law. The Marines face life imprisonment if convicted.

The prosecution presented a total of 23 witnesses while the defense presented six during four months of marathon hearings.

Pozon heard the case four days a week from June 2 to Oct. 5 for four hours each day in an effort to finish the trial as soon as possible.

The court had to speed up the process because under the Visiting Forces Agreement or VFA, a US serviceman may be tried for violation of Philippine laws for only one year. While the agreement protects soldiers from prosecution during exercises, it is less specific when it comes to crimes committed while on leave.

Since the case was originally filed before an Olongapo City court in December last year, Pozon only had seven months to wrap up the case.

The alleged victim said she is ready to accept any decision of the court.

Various cause-oriented groups and sympathizers of "Nicole" are expected to rally outside the Makati City hall on the day of the promulgation. — With AFP