Panamanian says sex was consensual; Pinay denies it

MANILA, Philippines - The Panamanian embassy official accused of raping a Filipina yesterday came out to air his side and explained that what happened that night was consensual sex and not rape.

Erick Bairnals Shcks, a member of the technical and administrative staff of the Panama Maritime Authority, told Yahoo! Southeast Asia that he did not force the alleged victim, tagged as “Pamela,” to have sex with him.

“She never acted like she doesn’t want it,” Shcks, who was declared persona non grata by the Philippines, told Thea Alberto-Masakayan of Yahoo! Southeast Asia.

In an interview yesterday over GMA-7, “Pamela” said she did not consent to having sex with Shcks.

“Hindi ko naman ginusto yun (I did not want that),” she said. “Siya nga po yung gumawa ng masama sa akin (He was the one who has done me wrong).”

She likewise challenged Shcks to provide legitimacy to what he is saying through a battle in court.

Shcks was detained for a week in Makati City but was released following a certification issued by the Department of Foreign Affairs (DFA) regarding his immunity .

Under Article 31 of the Vienna Convention on Diplomatic Relations, he enjoys diplomatic immunity.

A lawyer by profession, Shcks said he was willing to undergo trial and emphasized that nothing happened to him and “Pamela” that night without the consent of the latter.

He said he met “Pamela” at a language school in Manila and they went on a date. He said he told “Pamela” to call him if she wanted to see him again, and after two days the lady initiated another meeting.

“She seems like a nice girl. I don’t have a cell phone then so I gave her my landline, and told her ‘if you want to, call me, if you want to see me again’,” Shcks told Masakayan.

He said “Pamela” called him on April 23 and suggested a dinner date, to which he agreed.

He said that after dinner they went to a bar where “Pamela” supposedly ordered a martini and after a while they talked, and she started “kissing and hugging” him.

Later, Shcks said they agreed that the place was “boring” and he invited “Pamela” to his place.

“I was very interested in the girl. I really liked her at that moment and she agreed to go with me,” he said.

Shcks also revealed that “Pamela” made a few calls while on their way to his unit and later arrived at his place “very happy, hand to hand, not drunk, not drugged.”

“She agreed to go by herself. If this is rape, if the girl is afraid and if she needs to escape, she can escape,” he said, giving every detail of how one thing led to another.

“She acted like an experienced person,” he said, adding that “Pamela” left his unit past 1 a.m., conscious and not under the influence of drugs.

The embassy official has come up with several CCTV footage showing him and “Pamela” arriving at the condominium lobby, kissing in the elevator, and “Pamela” leaving the building “happy.”

Yahoo! Southeast Asia obtained copies of the video but said they are not posting it and will not reveal “Pamela’s” identity.

However, the CCTV footage showing Shck and a young lady (allegedly “Pamela,”) kissing in an elevator has proliferated on the Internet and has been viewed more than a hundred times.

It was also said that a man was sleeping outside the room where they reportedly had sex.

‘Date rape’

Lawyer DJ Jimenez, counsel of Pamela, however, said that his client was a clear victim of “date rape,” a case where the man lured the “unsuspecting girl” into going with him to his condo unit.

“She didn’t allow him to have sex with her. And although she voluntarily went on a date with him, it is not license to have sex,” Jimenez said, adding that his client was drawn to Shcks because “he appeared to be intellectually engaging.”

He said the Makati court found probable cause to charge him, and Shcks’ move to release the video is an “effort to discredit Pamela.”

Palace backs DOJ, DFA decision

Meanwhile, Malacañang is standing by the decision of the DFA and the Departments of Justice (DOJ) to allow Shcks to leave the country, saying the Philippines was bound to follow international treaties.

“From the moment that we were made aware of that particular incident, we had already coordinated with the DFA and they have processes that they have to undergo,” deputy presidential spokesperson Abigail Valte said yesterday in a press briefing.

Valte also said that the incident could not be compared to the case of former President and now Pampanga Rep. Gloria Macapagal-Arroyo, who was barred from leaving by the DOJ despite a temporary restraining order on the travel ban against her issued by the Supreme Court.

She said De Lima had explained that her power to issue watchlist orders had been temporarily restrained by the SC and that “and we understand that what they did was what they were empowered to do under pertinent laws.”

Valte said the Philippines had asked Panama for a waiver under the Vienna Convention on Diplomatic Relations but “we cannot force another country to sign a waiver if they do not wish to do so.”

Senators scolded the DFA and the DOJ for issuing “immediate” certification of diplomatic immunity on April 27 for the release of Shck from detention.

In the April 27 certification, the DFA notified a court in Makati City that the suspect was covered by the immunity from arrest and detention as provided for in the Vienna Convention on Diplomatic Relations.

“Because of the certification from the DFA which is a primary agency clothed with competence and authority and expertise to make such declarations of diplomatic immunity, DOJ had no option but to withdraw the information,” de Lima said.

DFA Undersecretary Rafael Seguis cited several provisions in the Vienna Convention, which he said provided immunity to Shck from criminal jurisdiction as well as civil and administrative jurisdiction, except for acts committed outside the course of official duties.

Senate Majority Leader Vicente “Tito” Sotto III, who initiated the investigation, pointed out, however, that the preamble of the Vienna Convention provided that such privileges and immunities were “not to benefit individuals but to ensure the efficient performance of the functions of diplomatic missions.” – Aurea Calica