Women’s partylist seeks world court vs Smith

MANILA, Philippines – If not in the Supreme Court, the women’s partylist group Gabriela will raise the case of the acquittal of American Lance Corporal Daniel Smith to a higher international body to protest its “grave injustice to Filipino women,” a representative said Friday.

Gabriela Representative Liza Maza said they would pursue further legal moves to ensure that Smith would not get out of the country after he was acquitted by the Court of Appeals of raping “Nicole,” a court-appointed name on Nov. 1, 2005 at the Subic Bay Freeport Zone.

“Rape is a public crime, and therefore Smith should be accountable to the Filipino women and the people. This case is imbued with public interest,” she added.

Maza said a Department of Justice (DOJ) memorandum circular No. 3 date April1, 1997, as quoted in the case of People of he Philippines versus Danilo Serrano Sr., cited that a motion for certiorari could be filed in cases of acquittal by the Court of Appeals on the basis of “deprivation of due process or grave abuse of discretion under exceptional circumstances.”

“If this is not possible, we will go to the United Nations,” Maza said in a phone interview.

Akbayan partylist Representative Risa Hontiveros said Malacañang had a hand in events surrounding Smith’s case.

“Malacañang had a hand in the preceding events, delivering Smith to the US Embassy, and ignoring the Supreme Court order to take him into custody,” she said in a text message.

Hontiveros added that the decision “lacked gender sensitivity and nationalism and an insult to our nation.”

In a separate statement, Bayan Muna partylist Representative Satur Ocampo criticized the decision as “a big loss for the Filipino people.”

“The appellate court’s reversal of the lower court’s conviction of Lance Corporal Daniel Smith for raping Suzette Nicolas is at bottom a major blow to our national sovereignty and dignity, and to Philippine jurisprudence,” Ocampo said.
The House leader also noted that the Court “practically adopted the defense side, as it gave more credence to the supposed recantation of the victim prepared by the lawyers of the accused.”

“In practical effect, the CA decision abets the abuses of ‘visiting’ US military forces that have a historical record since the long years of the US military bases presence in the country. The Court acquittal of Smith also raises questions on probable political pressures on the justices coming from the US government and the executive branch,” Ocampo said.