Nicole's ex-lawyer accuses Smith's camp of 'desparate' tactics

MANILA, Philippines - The former lawyer of "Nicole" has accused the camp of Lance Corporal Daniel Smith of employing "desperate" tactics that forced her former client to issue a statement favoring the convicted American. "I see it as an act of desperation as they wanted this case to go away. So what's the the desperate move here? Gapangin 'yung complainant. [Influencing the complainant through under the table negotiations]," said lawyer Evalyn Ursua in an interview with GMANews.TV Tuesday night. Ursua claimed that it could have been hard for Nicole to make a statement favoring Smith. "Kung kalaban mo gobyerno mo and US government, dahil magkakampi sila, hindi ka ba mahihirapan? [ Wouldn't it be hard for you if you are against your own government and that of the US, which are allies?] On March 12, Nicole changed her statement hinting that Smith did not rape her. In a five-page affidavit, Nicole admitted that she "possibly lost her inhibitions" and became "intimate" with Smith, after drinking "alcoholic mixed drinks" with him when they met at a bar in Subic, Olongapo City on November 1, 2005. "Looking back, I would not have agreed to talk with Smith and dance with him no less than three times if I did enjoy his company or was at least attracted to him since I met him for the very first time on the dance floor of the Neptune Club." Ursua said that Smith could not be absolved based on Nicole's affidavit, which was "legally baseless." "It has no legal weight...Any law-expert, dean, lawyer, justice who knows his criminal law will say that it is useless and only meant to influence the justices of the Court of Appeals (CA)," she said. Ursua said the CA is mandated to review Smith's appeal based on evidence and not on (Nicole's) affidavit. The lawyer said that based on a law on recantation, Smith's camp won't be able to use Nicole's affidavit unless the latter appears and swears in court about her statement. Ursua said Nicole's affidavit was riddled with irregularities and ethical concerns. Among the issues that puzzle Ursua are the following: (1) Who procured Nicole's affidavit? (2) Why was it kept secret from her when she was still Nicole's counsel when the affidavit was being prepared? and (3) Who assisted Nicole in making the affidavit? She refused to answer if she felt betrayed by Nicole. What’s important is that her group will continue the fight “in behalf of the public," according to Ursua. - GMANews.TV