New ‘Nicole’ documents on rape case: All inked in a day

MANILA, Philippines - All the documents that could weaken the accusation of “Nicole" against her convicted rapist Lance Corporal Daniel Smith were signed within a day, data obtained by GMANews.TV showed. Nicole signed the document terminating the services of her lawyer Evalyn Ursua on March 12. On the same date, she signed another document stating that she received P 100,000 from her convicted rapist. She also affixed her signature to another paper stating that she made some clarifications on her testimony against Smith on March 12. And finally on the same day, Nicole signed a sworn statement hinting that the crime of rape might not have taken place at all. Did she sign all the documents on her own volition? Ursua doubts she did. Ursua said Abraham Rey Acosta, the lawyer who notarized Nicole’s sworn statement is from the law firm that handles Smith’s case, which is now pending at the Court of Appeals. Some legal experts claim that Nicole’s statement won’t hold water unless it is submitted in court and becomes an affidavit that has evidentiary value. But that would take a long process. Lawyer Neri Javier Comenares of the National Union of People’s Lawyers said that if the statement had already been submitted in court, the document would undergo scrutiny to determine whether it was "executed for a favor or was made under duress." Even Justice Secretary Raul Gonzalez doubts that Nicole’s statement would lead to the acquittal of Smith. Such statement, according to the DoJ chief, is “rarely" accepted as evidence especially when the case is no longer at its trial stage. The Regional Trial Court of Makati City decided on the case in December 2006. It declared Smith guilty of the crime of rape. The American was sentenced to 40 years in jail, supposedly under Philippine custody, but he continuously stays at a detention facility at the US Embassy. This despite the ruling of the Supreme Court that Smith should be transferred to a facility controlled by Philippine authorities. - GMANews.TV