Judge Benjamin Pozon of the Makati City regional trial court said the sworn statement of Timoteo Soriano Jr., dated Dec. 9, 2005, is considered hearsay because Soriano did not testify in court to validate the affidavit.
In that affidavit, Soriano retracted his sworn statement of Nov. 1, 2005 in which he told an investigator of the Subic Bay Metropolitan Authority security department that he saw Lance Corporal Daniel Smith rape the woman who is known only as "Nicole."
Soriano’s affidavit was presented by the defense as evidence to try to discredit the claim of Nicole that she was raped by Smith in the van that Soriano had driven around the Subic Freeport on the night of Nov. 1 2005.
Pozon also rejected Soriano’s sworn statement of Nov. 1, 2005 as hearsay when it was presented in court by the prosecution as evidence that Soriano saw Smith rape Nicole as his three co-accused reportedly cheered him on.
Pozon admitted the other evidence offered by Smith:
• Reports of the US Naval Criminal Investigation Service;
• Photographs of Neptune Club at Subic Freeport and its immediate vicinity; and
• The sworn statements of the three other accused, all US Marines.
Invoking his right against self-incrimination, Soriano refused to testify in court because he has been implicated in the rape case against the four US Marines.
Pozon, who is on a two-week leave, plans to issue a decision on Nov. 27, after four months of hearing.
The other US Marines charged with Smith are: Lance Corporals Keith Silkwood and Dominic Duplantis, and S/Sgt. Chad Carpentier. — Michael Punongbayan