'Nicole' breaks down; Smith transfer 'rape of Charter'

The "commando-style" transfer midnight Friday from a city jail to the United States embassy compound of a US Marine convicted of rape so angered his victim, she had a "breakdown." Her lawyers now want to push for the impeachment of President Gloria Macapagal Arroyo, and file disbarment and criminal charges against all government lawyers who had a hand in the transfer of the rapist, Lance Corporal Daniel Smith, reportedly on Arroyo's approval. "Umiiyak siya, she had a breakdown because of this. Sinabi ko na lang na at least napatunayan niya na si Smith ay rapist, at nahatulan ng korte ... Ang problema ngayon gobyerno ang kalaban in connivance with the US government. Sabi ko sa kanya kumuha siya ng tapang sa Pilipinong nagalit sa insidenteng ito," Evalyn Ursua, Nicole's lawyer, said in a radio interview. (She had a breakdown because of this. I told her at least she proved in court Smith was a rapist, I told her to draw strength from the Filipinos who would be outraged because of what happened.) 'Rape of Constitution' Smith's transfer in the dead of night to the US embassy compound at about 11 pm Friday has sparked instantaneous and widespread protest among women's groups and other supporters of Nicole. They have announced plans to take to the streets to protest what she called an "open defiance" of the Philippine judiciary. "I am sorry to say, this is rape of our Constitution, of our laws, of the court. Magalit dapat ang judiciary at ang sambayanang Pilipino (The judiciary and the people should be outraged)," Ursua said in an interview on dzXL radio. Ursua said that her group had heard of plans to spirit Smith out of the jail but that "umaasa pa kami maging law abiding ang government (we were expecting this government to abide by the law)." "I was just hoping may sense of decency ang ating gobyerno sa pagsunod ng korte. Ginahasa nila ang Court of Appeals at ang buong judiciary sa pag-transfer kay Smith (I was hoping this government would have a sense of decency. Instead, it raped the Court of Appeals and the judiciary with Smith’s transfer)," she said. Arroyo's call She said President Arroyo herself should be held liable for what happened as only she could have ordered the transfer. This is a ground for her impeachment, Ursua said. "Tinakas nila in the dead of the night, commando-style. Di tulog ang gwardya, kasangkot ang ating gobyerno rito. Ni-release ang convicted prisoner at yan may basbas ng presidente (They spirited Smith out in the dead of night, commando-style. The guard was not asleep, the guard helped the escape, and this had the blessings of the president)," she added. But while the complainant’s legal think tank has drawn up its legal options, Ursua lamented that this could not be implemented until Jan. 2, the first working day of 2007, at the earliest. "It’s a long weekend. Sinadya na busy ang tao at sarado ang korte (The escape was deliberately timed when the courts are closed and people are busy with the holidays)," she said. Smith was transferred from the Makati City Jail to the US Embassy at 11 p.m. Friday. Ursua said Nicole was informed of the development at 1 a.m. Saturday. Ursua said the complainant broke down when she learned of the transfer. She said she had to console the complainant by saying at least she proved Smith was guilty. When asked if the complainant would take to the streets, Ursua said she is not discounting the possibility of people expressing their outrage. "I don’t know what the groups (supporting her) are planning to do. Hindi lang si Nicole ang dapat nakikipaglaban dito (This is not the fight of the complainant alone)," she said. Ursua likened the Arroyo government to a security guard who betrayed her duty by actively helping a convicted prisoner escape from jail. Defiance of court She said the Arroyo government’s actions were tantamount to "open defiance" of Philippine courts, as the transfer was done without an order from the Court of Appeals. Worse, she said the CA decreed last Dec. 18 that Smith should stay at the Makati City Jail while the petition of Smith’s lawyers is not yet resolved. According to her, their initial legal actions now include filing a slew of charges against lawyers of the government, Smith, and Malacañang. These include Justice Secretary Raul Gonzalez, the presidential legal counsel, the lawyers of Smith, and representatives of the US Embassy involved in the Friday night "escape." Ursua said the administrative charges include contempt of court, and the criminal charges include conniving in the evasion of the prisoner, usurpation of judicial functions. "Pina-escape natin ang isang prisoner na walang court order. Ito ay usurpation of judicial functions. Ang lawyers involved ay pwedeng i-disbar (This government allowed a prisoner to escape without a court order. This is a usurpation of judicial functions. This can mean disbarment for the lawyers involved)," she said in an interview on dzRH radio. On the other hand, she said the government has sent a message that it is okay to defy the court and put the law into one’s own hands. "Okay lang di sundin ang kautusan ng korte, ilagay ang batas sa ating kamay. Wala nang rule of law dito. Ang gustong gawin gagawin nila (This government has sent the message that it is okay to defy the court and put the law into your own hands. There is no more rule of law here. What it wants to do, it will do)," she said. US Embassy statement Meanwhile, the US Embassy in Manila maintained that Smith's transfer was just consistent with the terms of the RP-US Visiting Forces Agreement (VFA). In a statement posted on its website early Saturday, the US Embassy said L/Cpl Daniel Smith is "not a private citizen" and the handling of his case is "subject to the terms of the VFA." "Lance Corporal Smith is not a private citizen. He is a member of the US military who was in the Philippines on a military mission. As such, the handling of his case is subject to the terms of the VFA," it said. Smith will now return to US military custody in the same facility at the US Embassy where he was previously held for the duration of the trial, it added. The US Embassy added it will continue to use the VFA as its basis for dealing with further developments on the case. It said the US government has complied "throughout this case" with the VFA, which provides the framework for US-RP cooperation on legal cases involving US service members. "We will continue to adhere to the provisions of the VFA in coordination with the relevant Philippine authorities," it said. The US Embassy cited Article V, Paragraph 6 of the VFA that "The custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with the United States military authorities, if they so request, from the commission of the offense until completion of all judicial proceedings." Last Dec. 4, Makati City judge Benjamin Pozon convicted Smith for raping a Filipino woman last year, and ordered him detained at the Makati City Jail. But US embassy spokesman Matthew Lussenhop declined to specify which government agency authorized Smith’s transfer when interviewed on GMA-7 television late Friday night. - GMANews.TV