Tuesday, December 05, 2006

On the Subic Rape Case Judgment

For me, in my personal capacity as a citizen of this Republic, a grave injustice has occurred in the Subic Rape Case Promulgation of Judgment this afternoon because not all American servicemen were acquitted. I have always contended that the alleged rape could not have happened primarily because the alleged victim Nicole accepted the invitation of Smith to go to Subic from their province in the Visayas. She willingly went to Subic to meet with Smith without the knowledge of her American boyfriend. She willingly went back to the Neptune Club after her sister asked her to leave with them. This decision of the Makati Court is a grave travesty of justice especially when it denied the motion of the defense to place Smith in the custody of US Military authorities according to the conditions of the Visiting Forces agreement.

It is not that I am being a male chauvinist. I would easily defend any woman I know from people who would do harm to them, it’s just that I am not thoroughly convinced of Nicole’s hole-riddled story. To punish someone with reclusion perpetua or life imprisonment, one must be proven guilty beyond reasonable doubt, and with due respect to the court, I believe that Smith has not been proven guilty beyond reasonable doubt. When reasonable doubt is absent, an accused must be acquitted. I have spent enough time with my father, a trial lawyer, to know some of these basic tennets of the law. Let us hope that the Court of Appeals will overturn the decision of the lower court on this issue.

For a more detailed discourse on the reasonable doubt clause in American jurisprudence, you can visit this link:

Questia Online:
http://www.questia.com/PM.qst?a=o&se=gglsc&d=5000317264&er=deny