Solons downplay 'Nicole' flight, say burden still with RP govt

MANILA, Philippines - Filipina rape victim "Nicole" may have left the country, but the Arroyo administration is still obligated to ensure that justice is served.

Two lawmakers from women's party-list group Gabriela made the statement Tuesday after lawyer Evalyn Ursua said "Nicole" has left the country for the United States and has terminated the lawyer's services.

"Termination of Atty. Ursua's services is immaterial to this criminal case. Nicole has done her part in filing the case and testifying versus Smith. The burden now in seeing to it that full justice is served lies in the hands of President Gloria Macapagal Arroyo," Representative Liza Maza told GMANews.TV in a text message.

Maza said President Arroyo should now assert the Philippines' custody over Lance Corporal Daniel Smith, who was detained at the US Embassy after a Makati regional trial court branch convicted him guilty of raping "Nicole" in Subic in November 2005.

President Arroyo, not "Nicole," should be blamed if Smith "gets away with this crime," Maza said.

Likewise, Representative Luzviminda Ilagan said the fate of the case now lies in the hands of the Philippine and US governments, who have yet to decide when Smith will be transferred to Philippine custody as ordered by a February 11 Supreme Court ruling.

Ilagan added that "Nicole" will not get full justice unless the RP-US Visiting Forces Agreement, which allows the US to send troops to the Philippines for military training, is abrogated.

"Of course there will never be any justice for Nicole while there is VFA," Ilagan said in a text message to GMANews.TV. - Johanna Camille Sisante, GMANews.TV