Defense in Subic rape rests case

The trial of four US Marines accused of raping a Filipina reached its next phase after defense lawyers rested their case yesterday.

They presented a total of six witnesses, one of whom was a doctor who testified that she found no injuries on the accuser, identified only by court order as "Nicole," that indicated rape.

However, upon cross-examination by the prosecution, obstetrician Teresita Sanchez, who has a background in forensic medicine, conceded that an absence of injuries on a rape victim did not necessarily mean that no attack occurred.

Prosecutors presented a book authored by Sanchez, "Forensic Medicine: Facts the Public Must Know," in which she stated that injuries on a victim were not essential evidence for successfully prosecuting a rape case.

Judge Benjamin Pozon gave defense lawyers four days to make a formal offer of evidence, after which the prosecution has four days to make their comment.

The prosecution, in the rebuttal phase, will present US Naval Criminal Investigation Service special agents Guy Papageorge and Tony Ramos, who questioned the four accused Marines.

Pozon has to hand down a verdict before a one-year limit on the trial’s duration set by a Philippine-US treaty ends on Dec. 27.

Meanwhile, Justice Secretary Raul Gonzalez sees an attempt from left-leaning groups to muddle the trial by dragging former agriculture undersecretary Jocelyn Bolante’s case.

"Maybe there is really that agenda to muddle the issues for whatever reason, including the attempt to create a propaganda out of this. We will not allow that," Gonzalez told a press briefing. "There is an attempt here to introduce an agenda from the left."

Nicole and her mother want the government prosecutors in the trial replaced after they allegedly advised an out-of-court settlement.

Nicole’s mother had claimed that prosecutor Emilie Fe de los Santos told her that unless they drop the charges in exchange for a settlement, the case will allegedly be used for a "tradeoff" for Bolante’s extradition.

Gonzalez has ordered the National Bureau of Investigation (NBI) to look into it.

"I am asking the NBI to investigate the particular aspect about the charge that Bolante was being used in this case. The injection of Bolante’s name in this case is an attempt to involve Malacañang in this," he said.

"Bolante is a total stranger in this proceedings, he was not even mentioned at all. If the mother was saying since July, there was already an offer, why did they just start complaining in December?"

Gonzalez has refused to replace the prosecutors but has allowed Nicole’s private lawyer to actively participate in the trial.

"They have already besmirched reputation of these prosecutors because I know that they have been doing their best," Gonzalez said. "I have given them enough favor, I think, by allowing the private prosecution to handle the case."

Changing prosecutors might also delay the proceedings, Gonzalez added, explaining that the trial’s duration has a limit.

"We are in hurry to finish this case before the limit set forth in the Visiting Forces Agreement (VFA) will be staring in our faces," Gonzalez said, referring to a defense pact between the Philippines and the United States. It limits the time during which US military personnel who run afoul of the law may be tried by local courts.

Bolante, detained since July on charges of trying to enter the United States without a valid visa, is fighting extradition.

It has been widely reported that Bolante is seeking political asylum in the United States to avoid being sent back to the Philippines where he is wanted by the Senate for questioning into allegations that he used some P2.8 billion in fertilizer funds to reward politicians who helped President Arroyo win the 2004 presidential election.

Extraditing Bolante could prove embarrassing for the Arroyo administration since opposition forces want to question him on the allegations. — With Christina Mendez