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Smith camp’s hand in Nicole ‘recantation’ bared


MANILA, Philippines - Instead of bringing closure to the case, the recantation of the complainant in the Subic rape case raised more questions amid claims the camp of the accused may have had a hand in it. Lawyer Evalyn Ursua, whose services the complainant terminated Monday, said Abraham Rey Acosta, who notarized the recantation, is from the same law firm of accused Daniel Smith. “Nakita ko kagabi ang notary public, abogado rin ni Smith, kasi member siya ng law firm… Ang abogado ni Smith ang Sycip Salazar [I learned last night the notary public is a lawyer of Smith. He is a member of the law firm Sycip Salazar that represents Smith]. It raises more questions," Ursua said in an interview on dzXL radio. A Makati court in 2006 convicted Lance Corporal Daniel Smith of raping the woman codenamed ‘Nicole" in 2005. Ursua said this was the latest of “irregular things" that happened in the case, which she said victimized not only the complainant but also the judiciary. “So many irregular things happened in this case, this is a good study. Ang biktima di si Nicole, ang biktima ang integridad ng court process ang integridad ng rule of law ang integridad ng ating court procedure, Ursua said. [So many irregular things happened in this case, this is a good study. The victim is no longer Nicole but the integrity of the court process, the rule of law and the integrity of our court procedure] Ursua also noted she still has questions about her sudden dismissal, saying she was informed of it only last Monday. In a separate interview on dzBB radio, Ursua pointed out the recantation was dated March 12, before she was informed that her services as the complainant’s lawyer were no longer needed. “Yan ay malaking tanong. This is for the education of our countrymen and women. Anong ibig sabihin nito? Sino nag-procure ng affidavit, sino nag-assist sa kanya? Di natin pwede basta tanggapin ang affidavit na yan," the lawyer said. [This is a big question. This is for the education of our countrymen and women. What does this mean? Who procured the affidavit? Who assisted the complainant? We cannot take that recantation at face value] But when asked if the complainant can be sued for perjury, Ursua said it is too early to tell, saying they have not determined the circumstances behind the recantation. At present, she said the execution of the recantation is “suspicious." “In other words, that affidavit should not be taken as equivalent to her testimony in court," she said. Besides, she said an affidavit by itself is not evidence, until the one who made it testifies before the court. Ursua also said the entire thing smacks of an attempt to pressure the Court of Appeals into releasing Smith. The lawyer added that the intent of this new development in the case is to create a psychological effect on the justices and on the public mind - to make them think the allegation of rape was not true in the first place. She added that in this way it is easy to justify Smith’s acquittal. - GMANews.TV
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