No settlement in US sailors' case - My Viewpoint

The case of those three common thugs disguised as American sailors should not be blown out of proportion. There are no broad national interests at stake here, neither of the US nor of ours. Three African-Americans cruising around Cebu City on R&R comported themselves like members of L.A. street gangs, such as the Bloods or Crips, and thought they could trash anyone they wanted. I guess we're lucky they weren't armed because while in an alcoholic or drug-induced haze, they might have engaged in a favorite past-time -- drive-by shooting!

On the other hand, there are deep sensitivities involved here. Coming upon the heels of a relatively benign and uncontroversial Balikatan 2000, the US could have scored a real public relations triumph with the visit of the USS Blue Ridge. The Balikatan contingents were under tight rein and were virtually chained down by draconian rules limiting their movements, where they could eat and drink, who they could go with, what time they had to report back to quarters. But the USS Blue Ridge came on a routine and friendly port call, not an ongoing military exercise. The ship's officers were obviously on a low level of alert, not expecting a fiasco like this to occur.

But now that the damage has been done, petty officers Michael Keyes, Shannon Towers and Johnny Earl Lowerly should face the music and pay the penalty for their stupidity. There should be no out-of-court settlement. They should go to trial for the alleged crimes of physical injuries (whether slight or serious will depend on the final medical evaluations and the prosecutor's trial strategy) for beating up taxi driver Marcelo Batestil, for estafa or swindling for refusing to pay the agreed taxi fare, and malicious mischief for smashing up the windshield of another taxi cab during the assault on Batestil. A little time in jail, in addition to civil damages to compensate the driver and the taxi operators, would go a long way towards convincing the Filipino public that the US military truly understands that their personnel are here as guests and not as recycled conquistadores.

What you want to avoid here is another thorough but more critical review of the Visiting Forces Agreement. Most Filipinos see the value of the VFA in the context of the changing security scenario in Southeast Asia. But this is not a one-way street. The US needs VFA too and total disengagement from this area, or a surrender of this theater to Chinese hegemony, is not a realistic option.

Neither is the public as a whole buying the antiquated claptrap of moribund leftist pseudo-organizations. During the aforesaid Balikatan 2000 joint military exercises, we didn't see a general outpouring of emotions against the presence of American troops on our soil, only the reasonable albeit firm expression of genuine concern about their behavior and about the possibility of toxic substances or nuclear materials littering the exercise area.

But this country will not countenance occurrences such as the rape of a young girl, as in Okinawa, or the murder of another young girl, as in Kosovo, by mentally deranged or unapologetically racist American soldiers. America may be the only remaining military superpower in the world, for now, but that is no excuse for inhuman acts or refusal to be bound by simple rules of decency. But to be fair, most American field commanders, the Pentagon and the White House have made serious efforts to keep relations with local communities smooth and conflict-free. They haven't always succeeded.

Thus, this first case under the VFA is being closely watched. It is helpful that the US Embassy has acknowledged Philippine jurisdiction over the case since the servicemen were off-duty. One problem in the past was the creativity and legal acrobatics US base commanders used to engage in while trying to bring offenders back into duty status. Still, the three sailors have reportedly been allowed to go abroad with assurances they will be returned whenever required by a Philippine court. It remains to be seen whether these promises will be kept.

Batestil, the injured taxi driver, should not agree to a compromise. Civic groups in Cebu and around the nation should help him out financially while this case is being tried in order to help him resist temptations to settle. So far, I think, he and many others know this case goes well beyond just the money.

Ricardo V. Puno's e-mail address: [email protected]