Nicole's mom accepts ruling 'with deep sadness'

MANILA, Philippines - The mother of “Nicole” reluctantly accepted the decision of the Court of Appeals (CA) overturning the rape conviction of Lance Cpl. Daniel Smith.

Susan Nicolas said the CA ruling was unexpected.

“It’s hard for us to accept the CA ruling. We will now leave it (the case) to God’s graces,” she said.

In an interview with GMA-7, Mrs. Nicolas blamed the government for the acquittal of Smith and insisted the American soldier assaulted her daughter.

“I cannot understand this government,” Mrs. Nicolas said. “We are left to accept this decision with deep regrets.”

Mrs. Nicolas also voiced regret over the family’s decision to allow Nicole to sign the affidavit of recantation that effectively weakened the case against Smith.

Last March 12, Nicole signed a five-page affidavit suggesting that Smith did not rape her.

Nicole had admitted she “possibly lost her inhibitions” and became “intimate” with Smith after a drinking binge at a bar in Olongapo City on Nov. 1, 2005.

Mrs. Nicolas said they initially believed Nicole’s statement of recantation would not weaken the rape case against Smith.

“We made that decision in the effort to end our psychological trauma (because of the rape). We were not aware of the consequences of our decision,” she said.

Mrs. Nicolas revealed she immediately called Nicole in the United States to inform her of the CA ruling, but was told that her daughter was fast asleep.

She said she left word for her daughter to read the news on the Internet as soon as she wakes up.

Nicole went to live in the US last month “to move on” with her life following the sexual attack, according to her mother.

Mrs. Nicolas though admitted her daughter’s living away from the family has been difficult for Nicole.

Lawyer Evalyn Ursua, who acted as counsel of Nicole in the prosecution of the rape case against Smith, said the CA decision was predictable.

“I am not surprised. There was force, I stand by the evidence. It was an erroneous reading of the evidence,” Ursua said.

Ursua admitted they could do nothing with the CA ruling which cannot be appealed before the Supreme Court, except a petition for certiorari, which is a legal move to review the CA decision for legal error but where no appeal is available as a matter of right.

Under the circumstances, Ursua explained, it is unlikely for the government, as the petitioner for certiorari, to avail itself of the legal remedy.

Ursua admitted Nicole’s signing of the affidavit had effectively weakened the rape case.

Smith had appealed his conviction of rape by the Makati Regional Trial Court (RTC).

While the appeal remained pending, Nicole signed the affidavit.

The sworn statement, as it turned out, was notarized by the law firm defending Smith.

Even the judge who convicted Smith could not believe his ruling would be overturned by the CA.

Makati RTC Judge Benjamin Pozon admitted it was the first time for the CA to reverse any of his decisions.

Puzon said he has yet to receive a copy of the CA decision.

Rule of law

Malacañang said they would respect the CA ruling.

“While we have not yet read the decision of the Court of Appeals, we respect the verdict of the court on this matter,” deputy presidential spokesman Anthony Golez said.

The Department of Foreign Affairs (DFA) said the acquittal of Smith is a “rule of law” and the court decision must be respected.

“It is the result of the court’s work. I do not think there is a link or connection with that at all,” DFA Undersecretary Rafael Seguis said, referring to supposed discussions between President Arroyo and US President Barack Obama on the importance of the Visiting Forces Agreement (VFA).

The Department of the Interior and Local Government (DILG), on the other hand, also said they would abide by the CA decision.

DILG Undersecretary Marius Corpus said they would sign the release order on Smith as soon as they receive a copy of the CA order.

Corpus said it is possible that Smith would be out of detention today.

Smith is currently under the custody of the US embassy in Manila.

Smith’s lawyer, Jose Justiniano, on the other hand, said they are elated by the CA ruling.

“Of course we are very happy. This was indeed a sad experience on the part of my client,” Justiniano said.

“The important thing is that we got the justice that he (Smith) deserved,” he said.

Justiniano said he plans to call or visit Smith in the US embassy as soon as he is able to get a copy of the decision.

He said the CA decision as to when Smith would be allowed to leave the country would be decided by the US embassy and the authorities.

Justiniano added there are no plans to file a wrongful prosecution suit against the government following the acquittal of his client.

Hours after the CA ruling on Smith, militant groups started showing up near the US embassy calling for the abrogation of the VFA.

The groups slammed the CA decision, saying the appellate court “allowed itself to be manipulated.”

“We are outraged by the CA decision. But we are not surprised with this (decision). Everything that happened (in the) past month was designed to lead up to an acquittal,” said Renato Reyes of the militant Bagong Alyansang Makabayan.

Some lawmakers also slammed the CA over the acquittal of Smith and called on the abrogation of the VFA with the US.

Sen. Francis Pangilinan said he was “disturbed” by the CA ruling while Senate Minority Leader Aquilino Pimentel Jr. said the outcome of the rape case was expected since Nicole recanted her testimony.

Pangilinan said the legal groundwork has been laid down when Nicole fled to the US and signed the controversial affidavit that weakened the case.

Sen. Francis Escudero said the CA decision showed that the VFA “carries too high a social cost and should be immediately abrogated.”

“We believe this is as good a time as any to act decisively and finally abrogate the VFA. The time for debate and discussion is over,” he said. – With Michael Punongbayan, Katherine Adraneda, Cecille Suerte Felipe, Marvin Sy, Mike Frialde and Pia Lee-Brago