US embassy: Smith has left RP

[Rocky_nBullwinkle 6]

US embassy: Smith has left RP

US Marine Lance Corporal Daniel Smith left has left the Philippines after the Court of Appeals acquitted him on Thursday of raping 'Nicole' in Subic in 2005, the US embassy said Friday.

In an April 24 statement, the US embassy said, "Following the decision of the Philippine Court of Appeals, Daniel Smith departed the Philippines under the authority of United States military officials."

"We have seen the decision of the Court of Appeals acquitting Daniel Smith and intend to respect that decision. Throughout this long and difficult case, Daniel Smith remained in custody of the US Embassy in the Philippines in compliance with the terms of the Visiting Forces Agreement, which provides the framework for U.S.-Philippine cooperation in legal cases involving visiting U.S. military personnel," the US embassy said.

"This has been a difficult and emotional case for all involved, especially their families and loved ones. We hope that the parties can now move on with their lives," the embassy added.

Meanwhile, militant groups held a rally at the Court of Appeals (CA) and the United States embassy in Manila on Friday assailing the acquittal of Smith in the Subic rape case.

Court of Appeals decision

In a 71-page decision written by CA Associate Justice Monina Arevalo Zenarosa, and concurred with by Special 11th Division chair Justice Remedios S. Fernando and Associate Justice Myrna Dimaranan-Vidal, the CA said the alleged rape was in fact a "spontaneous, unplanned romantic episode" between the two parties.

The CA said Smith should be released immediately unless he is being held for any other lawful cause.

"No evidence was presented to show force, threat and intimidation applied by the accused upon Nicole," read the ruling, referring to the alias of the victim.

"Wherefore, on reasonable ground, the accused Lance Corporal Daniel Smith is hereby acquitted of the crime of Rape as alleged in the information. He is ordered released immediately unless held for other lawful cause," the CA said.

The appellate court’s decision said it believes the two parties were "carried away" by their passions on the night of the incident, and that there was no forced sexual intercourse.

The court said there is also no evidence that the victim was threatened to have forced to have sex with Smith, saying her only defense was that she was intoxicated that night.

"This court finds it deceptively posturing Nicole's portrayal of herself as a demure provinciana lass... On hindsight, we see this protestation of decency as a protective shield against her own indecorous behavior," the decision said.

The court added that the degree of Nicole's supposed drunkennes was not clearly established, and that telling others of her resistance to Smith's actions is not enough to establish that she did not consent to the sexual intercourse.

'Unplanned romantic episode'

"Resistance by words of mouth does not suffice to establish that she indeed did not give her consent to the sexual intercourse," the court said.

"What we see was the unfolding of a spontaneous, unplanned romantic episode with both parties carried away by their passions and stirred up by the urgency of the moment caused probably by the alcoholic drinks they took," it added.

The decision stated that it was not influenced by the sworn statement released more than a month ago by the victim, which stated she doubts if she was really raped.

The court said it reviewed the evidence presented before the Makati Regional Trial Court, and decided that rape was not proven to be "beyond reasonable doubt."

"A careful and judicious perusal of the evidence on record does not convince the prudent mind about the moral certainty of the guilt of the accused, hence, we must acquit," the decision stated.

The court also attacked the victim's credibility, saying her statements had numerous inconsistencies.

The CA decision is final and executory and can no longer be appealed.

http://www.abs-cbnnews.com/nation/04/24/09...ith-has-left-rp

Edited April 25, 2009 by Rocky_nBullwinkle

[tallcoolone 102]

This story never made headlines in USA

I assume it was a headlines in PI

[Ana1988 0]

good for him he has his freedom now..I wish I will meet that "NICOLE" SABUNUTAN KO SYA! she's really a #######.

Edited April 25, 2009 by Ana1988

[=FoxyBLUE= 2]

US embassy: Smith has left RP

US Marine Lance Corporal Daniel Smith left has left the Philippines after the Court of Appeals acquitted him on Thursday of raping 'Nicole' in Subic in 2005, the US embassy said Friday.

In an April 24 statement, the US embassy said, "Following the decision of the Philippine Court of Appeals, Daniel Smith departed the Philippines under the authority of United States military officials."

"We have seen the decision of the Court of Appeals acquitting Daniel Smith and intend to respect that decision. Throughout this long and difficult case, Daniel Smith remained in custody of the US Embassy in the Philippines in compliance with the terms of the Visiting Forces Agreement, which provides the framework for U.S.-Philippine cooperation in legal cases involving visiting U.S. military personnel," the US embassy said.

"This has been a difficult and emotional case for all involved, especially their families and loved ones. We hope that the parties can now move on with their lives," the embassy added.

Meanwhile, militant groups held a rally at the Court of Appeals (CA) and the United States embassy in Manila on Friday assailing the acquittal of Smith in the Subic rape case.

Court of Appeals decision

In a 71-page decision written by CA Associate Justice Monina Arevalo Zenarosa, and concurred with by Special 11th Division chair Justice Remedios S. Fernando and Associate Justice Myrna Dimaranan-Vidal, the CA said the alleged rape was in fact a "spontaneous, unplanned romantic episode" between the two parties.

The CA said Smith should be released immediately unless he is being held for any other lawful cause.

"No evidence was presented to show force, threat and intimidation applied by the accused upon Nicole," read the ruling, referring to the alias of the victim.

"Wherefore, on reasonable ground, the accused Lance Corporal Daniel Smith is hereby acquitted of the crime of Rape as alleged in the information. He is ordered released immediately unless held for other lawful cause," the CA said.

The appellate court’s decision said it believes the two parties were "carried away" by their passions on the night of the incident, and that there was no forced sexual intercourse.

The court said there is also no evidence that the victim was threatened to have forced to have sex with Smith, saying her only defense was that she was intoxicated that night.

"This court finds it deceptively posturing Nicole's portrayal of herself as a demure provinciana lass... On hindsight, we see this protestation of decency as a protective shield against her own indecorous behavior," the decision said.

The court added that the degree of Nicole's supposed drunkennes was not clearly established, and that telling others of her resistance to Smith's actions is not enough to establish that she did not consent to the sexual intercourse.

'Unplanned romantic episode'

"Resistance by words of mouth does not suffice to establish that she indeed did not give her consent to the sexual intercourse," the court said.

"What we see was the unfolding of a spontaneous, unplanned romantic episode with both parties carried away by their passions and stirred up by the urgency of the moment caused probably by the alcoholic drinks they took," it added.

The decision stated that it was not influenced by the sworn statement released more than a month ago by the victim, which stated she doubts if she was really raped.

The court said it reviewed the evidence presented before the Makati Regional Trial Court, and decided that rape was not proven to be "beyond reasonable doubt."

"A careful and judicious perusal of the evidence on record does not convince the prudent mind about the moral certainty of the guilt of the accused, hence, we must acquit," the decision stated.

The court also attacked the victim's credibility, saying her statements had numerous inconsistencies.

The CA decision is final and executory and can no longer be appealed.

http://www.abs-cbnnews.com/nation/04/24/09...ith-has-left-rp

NOTHING TO BE SURPRISED OF!! EXPECTING THIS ONE...........

TSK....TSK...TSK.....

[tallcoolone 102]

I had a buddy who wife lied to PI authority and had him kicked out of PI for a year.

He's back now and he's been living in PI for the last few years.

Here is the article, it makes him look bad. But in reality he was innocent

http://www.sunstar.com.ph/static/ceb/2006/...ican.falls.html

[=FoxyBLUE= 2]

This story never made headlines in USA

I assume it was a headlines in PI

GOOD THING

[tallcoolone 102]

good for him he has his freedom now..I wish I will meet that "NICOLE" SABUNUTAN KO SYA! she's really a #######.

Was she a bar girl in PI?

[=FoxyBLUE= 2]

This story never made headlines in USA

I assume it was a headlines in PI

GOOD THING it did not.....

Coz if it did, damn! it would be another heated issue...

[Ana1988 0]

good for him he has his freedom now..I wish I will meet that "NICOLE" SABUNUTAN KO SYA! she's really a #######.

Was she a bar girl in PI?

yes Tallcoolone, she's a bar girl worked in Subic,,I knew that story because it was really in news headlines in Philippines..she's a devil and a liar..

[Rocky_nBullwinkle 6]

good for him he has his freedom now..I wish I will meet that "NICOLE" SABUNUTAN KO SYA! she's really a #######.

Was she a bar girl in PI?

yes Tallcoolone, she's a bar girl worked in Subic,,I knew that story because it was really in news headlines in Philippines..she's a devil and a liar..

And now, she is a student in the US. They gave her a student visa to change her story. Good deal, diba?

[=FoxyBLUE= 2]

good for him he has his freedom now..I wish I will meet that "NICOLE" SABUNUTAN KO SYA! she's really a #######.

Was she a bar girl in PI?

yes Tallcoolone, she's a bar girl worked in Subic,,I knew that story because it was really in news headlines in Philippines..she's a devil and a liar..

And now, she is a student in the US. They gave her a student visa to change her story. Good deal, diba?

WOW! hanap na ako ng kunwaring mangre-rape sa akin na mga kano....para mapabilis din pagpunta kong states

[Rocky_nBullwinkle 6]

good for him he has his freedom now..I wish I will meet that "NICOLE" SABUNUTAN KO SYA! she's really a #######.

Was she a bar girl in PI?

yes Tallcoolone, she's a bar girl worked in Subic,,I knew that story because it was really in news headlines in Philippines..she's a devil and a liar..

And now, she is a student in the US. They gave her a student visa to change her story. Good deal, diba?

WOW! hanap na ako ng kunwaring mangre-rape sa akin na mga kano....para mapabilis din pagpunta kong states

OO, pero katakot takot naman na kahihiyan

[CaMhae 7]

NEVER judge or jump into conclusion.....We all dnt know the real story ("; instead of judging nicole why dnt US just pray for her and hope she's fine....

nakakalungkot lang na ang ibang pilipina pa dito sa vj ang unang nanghuhusga ke nicole...hnd natin alam ang tunay na nangyari even the both sides of story....news can change every story so wag naman ganun...maawa naman kayo don sa tao...tandaan nyo sa bawat maling ginagawa nyo sa kapwa may kapalit Un and karma is really a ######....

not because u saw or watch her in all the news here in PI and U heard a bad story about her it means na its all true....NEVER JUDGE too quick....

Bat kaya may mga ganun tao??......napakadaling manghusga

[=FoxyBLUE= 2]

good for him he has his freedom now..I wish I will meet that "NICOLE" SABUNUTAN KO SYA! she's really a #######.

Was she a bar girl in PI?

yes Tallcoolone, she's a bar girl worked in Subic,,I knew that story because it was really in news headlines in Philippines..she's a devil and a liar..

And now, she is a student in the US. They gave her a student visa to change her story. Good deal, diba?

WOW! hanap na ako ng kunwaring mangre-rape sa akin na mga kano....para mapabilis din pagpunta kong states

OO, pero katakot takot naman na kahihiyan

TAGO KO RIN FACE KO...O KAYA MAG MASK AKO....

But kidding aside,im so disappointed sa mga taong ganito...nasisikmura nilang gumamit ng tao for their own cause?

[Ana1988 0]

NEVER judge or jump into conclusion.....We all dnt know the real story ("; instead of judging nicole why dnt US just pray for her and hope she's fine....

nakakalungkot lang na ang ibang pilipina pa dito sa vj ang unang nanghuhusga ke nicole...hnd natin alam ang tunay na nangyari even the both sides of story....news can change every story so wag naman ganun...maawa naman kayo don sa tao...tandaan nyo sa bawat maling ginagawa nyo sa kapwa may kapalit Un and karma is really a ######....

not because u saw or watch her in all the news here in PI and U heard a bad story about her it means na its all true....NEVER JUDGE too quick....

Bat kaya may mga ganun tao??......napakadaling manghusga

??? ako ba yun Sayitonce?? friends ba kayo ni a.k.a "Nicole",,??peace=)