‘Nicole’ wants new lawyers

Alleged rape victim "Nicole" yesterday asked that all save one of the members of the government prosecution panel in the Subic rape case be replaced.

An emotional Nicole, as the complainant is publicly known, told a press conference that she wanted all government prosecutors out of the case with the exception of State Prosecutor Hazel Decena-Valdez.

"I am the victim in this case and I have the right to remove anyone," she told reporters even after the Department of Justice (DOJ) rejected her earlier call to replace the prosecution panel members over alleged incompetence.

Nicole claimed the government prosecutors had not been helpful in pursuing the case, saying Senior State Prosecutor Emilie Fe de los Santos was not really interested in fighting for her rights.

She said De los Santos should have not accepted the case from the beginning since she expressed doubts over the case and even suggested a settlement with the four accused US Marines.

Nicole’s psychiatrist, Dr. June Lopez, also told the news conference that the state prosecutors had been insensitive to Nicole.

Last Monday, De los Santos had a spat with Nicole and her mother by calling them ungrateful for failing to appreciate the efforts made by the government prosecutors in pursuing the case.

Nicole stressed she stands firm on her call to have all members of the prosecution panel replaced.

She reiterated the prosecution had not handled the case properly, particularly the cross-examination of the principal accused, Lance Corporal Daniel Smith.

Nicole first called for their replacement last week but the DOJ turned her down.

Some of the prosecutors have also lashed out at her, saying she was lying about her version of events.

Nicole has had three prosecution teams since the trial began in April.

Despite the increasing tension between Nicole and the government prosecutors, the marathon trial of the rape case continued with its conclusion expected by Monday next week.

Defense lawyers said they will rest their case even after presenting only six witnesses including accused Lance Corporals Smith, Keith Silkwood, Dominic Duplantis, and Staff Sergeant Chad Carpentier.

The four US Marines are being tried for allegedly raping the woman in November after joint military exercises held in the former US naval base of Subic Bay.

All four have been charged with the rape of Nicole inside a van where the alleged crime took place.

The prosecution, in an effort to prove its case, presented more than 20 witnesses, including Nicole, during the first two months of the trial.

During yesterday’s hearing at the Makati City regional trial court, Carpentier took the stand as the fourth witness for the defense.

Silkwood will take the stand on Thursday, with Duplantis on Friday.

Forensic obstetrician and gynecologist Teresita Sanchez will return on Monday for cross-examination.

Smith, as the principal accused, was the defense’s first witness and denied he had raped Nicole.

Lance Corporal Justin Michael Bamberger, a close friend of Nicole also doubted the accusations of rape against Smith.

In his testimony, Carpentier said he went to the Neptune Club on the night of Nov. 1, 2005 to round up the Marines for the curfew.

He claimed seeing Nicole with Smith and how the two were allegedly flirting and kissing inside the bar before walking outside to the van where the rape allegedly took place.

Carpentier said Smith denied dragging Nicole into the van, disputing the testimony of the prosecution witnesses.

"I saw Smith sitting in a chair with a Filipina girl (Nicole) sitting on his lap and they were aggressively flirtatious with each other. They were kissing each other," Carpentier told the court.

He added Nicole later boarded the van with them willingly and sat with Smith at the back of the vehicle.

Later, when the woman was seen getting out of the van with her pants pulled down, Carpentier admitted taking no action because "I thought the woman was a professional, out to prey on the vulnerability of Smith." — With AFP