Supreme Court to probe new 'Nicole' statement on rape

MANILA, Philippines - Chief Justice Reynato Puno has given the green light for the Supreme Court to investigate the latest statement of “Nicole" wherein she doubted if she was indeed raped by Lance Cpl. Daniel Smith in 2005. Supreme Court spokesperson Jose Midas Marquez said Puno ordered to raffle among the high court’s three divisions the petition urging the high tribunal to investigate alleged irregularities in the March 12 statement of the Subic rape victim. “The court has received the petition. The chief justice has ordered it raffled among the three divisions. If it will be raffled tomorrow, then it will already be included in the court agenda possibly next week," said Marquez in a telephone interview with GMANews.TV on Tuesday. The petition was filed on Tuesday by Nicole’s former lawyer Evalyn Ursua, former senator Leticia Ramos-Shahani, and cause-oriented groups led by Gabriela and Bagong Alyansang Makabayan. The petition asked the Supreme Court “to conduct an investigation of the questionable circumstances of the execution and notarization of the supposed sworn statement of Nicole…" Irregularities 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 not 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," said Nicole. 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? Ursua also claimed that Abraham Rey Acosta, who notarized Nicole's March 12 statement, is from the same law firm handling Smith's case, which is now pending at the Court of Appeals. Inked in a day All the documents that could weaken the accusation of Nicole against Smith were signed within a day. Nicole signed the document terminating the services of 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. On March 17, it was reported that Nicole went to the US. Her mother told media that Nicole had been there already for a week. The Regional Trial Court of Makati City decided on the Subic rape 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