Back in January of 2007, I wrote about how Lance Corporal Daniel Smith was convicted of rape here in the Philippines. A few days later I wrote "Daniel Smith Versus the Attorneys of Suzette Nicolas". Daniel Smith is serving with the US Marine Corps, the branch of the military I retired from.


The Pending Appeal

On May 29th, 2008, Task Force Subic Rape (TFSR, a coalition of women's rights and militant groups) picketed and submitted a letter to the Court of Appeals (CA) in an attempt to prevent the court from overturning the lower court verdict of guilty. They did this as the result of a rumor that a decision overturning the conviction was in the process of being written.

The TFSR claims that the US exerted pressure on the Philippines to move Daniel Smith into US custody after the conviction and that overturning the conviction would be another move to appease the world's largest power. They later stated they would take the case to the United Nations if the decision was reversed.

On June 12, Independence Day in the Philippines, protesters rallied in Manila and headed toward the American Embassy. When they were blocked by Manila police, they headed to Rizal Park, about 25 meters from the embassy, and defaced a large picture of President Gloria Arroyo.

Why is the TFSR all up in arms all of a sudden? The CA is expected to release its ruling sometime this month because the presiding Judge, Associate Justice Agustin Dizon, is due to retire on June 27th.

American Imperialism

According to the anti-American activists in the Philippines, most of who operate in the capital of Manila, American Imperialism is responsible for all the woes in the Philippines. I wrote about it briefly with "US Imperialism in the Philippines, Really?" In that article I mentioned that I could get a job in the Philippines, if I wanted one, and I had written about an offer a month prior to that with "English Teacher?".

As an observer who hears all the rumors that the local Filipinos hear, via my wife's relatives and friends, I get ill when I hear about the things that are going on and what's being talked about. I've personally witnessed governmental corruption and the general laziness of the population and I know the US isn't responsible for it. The US is also blamed for all the bars that sprung up in the cities of Olongapo, Angeles and Subic in the 20th century. Apparently, the people who were after the money the Americans possessed had nothing to do with it.

Predictions

I predict the CA will overturn the guilty decision for Lance Corporal Daniel Smith because the verdict was based on emotion, not on fact. When the facts were presented, the judge made his ruling based on the belief that Suzette Nicolas was too drunk to legally consent to sex. He also noted that he had a daughter he wouldn't want something like this to happen to.

I also predict there will be a riot in Manila as soon as the anti-American activists learn of the final decision.

Personal Beliefs

I believe this rape case had less to do with the supposed victim and the accused rapist than them being used as pawns in a move by the anti-American leftists in this country to have ties with the American government completely severed. A move, I might add, which was completely futile. The Visiting Forces Agreement, which they claim is unconstitutional, was ratified by the Philippine Senate around the time the US military departed the Philippines.

They claimed the move from the Makati jail to the detention at the American Embassy was designed to placate the US government when in fact, the move was made to comply with the Visiting Forces Agreement.

Suzette Nicolas was painted by the prosecution to be a normal, everyday person in Zamboanga. How do you think Smith met her? She worked in a bar as a hostess. When the case was submitted to an Olongapo City judge, Olongapo City being the jurisdiction for the Subic Bay Freeport Zone, it was thrown out and then taken to the Manila courts. Why would it be thrown out here in the first place? Because the Olongapo City justice system dealt with cases like this for years while the Subic Bay Naval Station was in operation.

Judge Pizon gave a verdict of guilty based on his belief that Suzette Nicolas was too drunk to give consent. I submit she wasn't because bar girls know how to fake being drunk, especially when their drinks are made with very little alcohol. You see, I'm a good observer and I observed that behavior when I used to frequent the clubs here (long before I got married).

I also submit that the majority of the witness statements presented to the court were false statements. Why would I say that? Well, because one of my sisters-in-law's husband worked as a security guard at the Freeport zone. He told me that one of his co-workers was paid to write a false statement. Even the driver of the van that carried the Daniel Smith and Suzette Nicolas was coerced into writing a false statement, a statement he later retracted on public radio.

Never mind the fact that Suzette first claimed that all 4 marines raped her and then later changed her story when that wouldn't work.

Hopefully, the original miscarriage of justice will soon be rectified.