2 CA justices defend decision to acquit Smith
MANILA, Philippines – The Court of Appeals’ decision to acquit Lance Corporal Daniel Smith of rape was based on "the law, facts, and conscience" and was not brought about by any external pressure.
This was stressed Monday by two appellate court justices who voted to overturn a lower court's guilty verdict against Smith, the first-ever American military personnel convicted of committing crime on Philippine soil.
"Our decision speaks for itself. We’re proud of it. [It was] based on the law, the facts, and our conscience. We cannot add anything more," said Associate Justice Monina Arevalo-Zenarosa in an interview with GMA News.
"Our decision was based on factual and legal circumstances. No pressure at all," echoed Associate Justice Myrna Dimaranan-Vidal in a separate interview.
Zenarosa and Vidal are two of the three all-female members of the CA’s Special Eleventh Division which ruled on Thursday last week that no evidence was introduced to show that "force, threat, and intimidation" were used by Smith against "Nicole."
The division is chaired by Associate Justice Remedios Salazar Fernando, a former commissioner at the Commission on Elections.
"What we see was the spontaneous, unplanned romantic episode with both parties carried away by their passions and stirred up by the urgency of the moment caused probably by alcoholic drinks they took only to be rudely interrupted when the van suddenly stopped to pick up some passengers," read the ruling penned by Zenarosa and concurred in by Vidal and Fernando.
The ruling reversed and set aside the Dec. 4, 2006 decision of the Makati Regional Trial Court Branch 139 convicting Smith of rape and sentencing him to 40 years in prison.
Militant groups like the Bagong Alyansang Makabayan (Bayan) subsequently assailed the appellate court’s ruling.
Bayan secretary general Renato Reyes Jr. said the acquittal was a "clear denial of justice especially to rape victims because the Arroyo government is loyal to the US and [to the] values of the Visiting Forces Agreement than her own country."
He, however, said there was nothing surprising with the decision.
"We are outraged but not surprised. All of the events were designed to this acquittal. The affidavit, the leakage, Nicole’s flight to the US. All these were designed to lead to an acquittal to have the public accept this acquittal," Reyes said.
Reyes was referring to Nicolas’ controversial affidavit hinting that Smith might not have raped her and Nicolas’ departure to the United States. Reyes was likewise referring to the leak of the CA’s draft ruling on Smith’s acquittal. - Carlo Lorenzo and Sophia Dedace, GMANews.TV
This was stressed Monday by two appellate court justices who voted to overturn a lower court's guilty verdict against Smith, the first-ever American military personnel convicted of committing crime on Philippine soil.
"Our decision speaks for itself. We’re proud of it. [It was] based on the law, the facts, and our conscience. We cannot add anything more," said Associate Justice Monina Arevalo-Zenarosa in an interview with GMA News.
"Our decision was based on factual and legal circumstances. No pressure at all," echoed Associate Justice Myrna Dimaranan-Vidal in a separate interview.
Zenarosa and Vidal are two of the three all-female members of the CA’s Special Eleventh Division which ruled on Thursday last week that no evidence was introduced to show that "force, threat, and intimidation" were used by Smith against "Nicole."
The division is chaired by Associate Justice Remedios Salazar Fernando, a former commissioner at the Commission on Elections.
"What we see was the spontaneous, unplanned romantic episode with both parties carried away by their passions and stirred up by the urgency of the moment caused probably by alcoholic drinks they took only to be rudely interrupted when the van suddenly stopped to pick up some passengers," read the ruling penned by Zenarosa and concurred in by Vidal and Fernando.
The ruling reversed and set aside the Dec. 4, 2006 decision of the Makati Regional Trial Court Branch 139 convicting Smith of rape and sentencing him to 40 years in prison.
Militant groups like the Bagong Alyansang Makabayan (Bayan) subsequently assailed the appellate court’s ruling.
Bayan secretary general Renato Reyes Jr. said the acquittal was a "clear denial of justice especially to rape victims because the Arroyo government is loyal to the US and [to the] values of the Visiting Forces Agreement than her own country."
He, however, said there was nothing surprising with the decision.
"We are outraged but not surprised. All of the events were designed to this acquittal. The affidavit, the leakage, Nicole’s flight to the US. All these were designed to lead to an acquittal to have the public accept this acquittal," Reyes said.
Reyes was referring to Nicolas’ controversial affidavit hinting that Smith might not have raped her and Nicolas’ departure to the United States. Reyes was likewise referring to the leak of the CA’s draft ruling on Smith’s acquittal. - Carlo Lorenzo and Sophia Dedace, GMANews.TV
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