I've paid attention to this trial for only one reason, I live here in the Philippines. The location of the incident is about 6 kilometers from where I live. During the evening of November 1, 2005, Suzette Nicolas left a club on SBMA and got into a van with a Filipino driver and four US Marines, including Lance Corporal Daniel Smith. While the van was moving, Dan and Suzette had sex in the back of the van. In the early hours of November 2, she was dropped off in the parking lot of the club and later filed rape charges against Smith. When the case was presented to an Olongapo City, Philippines judge, it was thrown out and Suzette took the case to Manila, Philippines. While the other marines were acquitted of the charges, Lance Corporal Smith was convicted on December 4, 2006, and sentenced to 40 years in prison. The case is now under appeal.

While the intimate details of the case are not known to me, the broader details are a matter of public record. The judge convicted Smith of rape for one reason only: That Suzette was not physically able to give her consent to have sex due to heavy intoxication. He gave the maximum time sentence based on his own personal feelings and stated such.

Regardless of the political implications of the case, there has been a real miscarriage of justice. Smith did not get a fair trial and would not have received one here no matter what else happened. He was convicted by the media before the trial even started and it showed during the proceedings. Witnesses made statements based on beliefs and not facts. My guess is that the appeal will uphold the judge's decision and Smith will indeed spend his next 40 years in prison, even though the judge's decision was not based on the facts of the case.

I have no idea whether Smith is guilty or not. The only person who really knows is Suzette and I suspect her motives in this case did not include justice, regardless of his guilt. I sincerely hope she gets what she deserves.