‘Nicole’ lawyer waves white flag in legal battle

MANILA, Philippines - The lawyer of Suzette Nicolas a.k.a. Nicole, the victim in the November 2005 Subic rape case, seemed to have waved the white flag following the acquittal of convicted rapist Lance Corporal Daniel Smith by the Court of Appeals. In a television interview, Evalyn Ursua said the legal battle could continue only if Nicolas is amenable to it. Nicolas, however, had changed her statement last March wherein she hinted that Smith did not rape her. "Ang acquittal kasi final and executory. Ibig sabihin hindi puwedeng itong i-apela, at ‘yan ay ayon sa batas [The acquittal is final and executory. Under the law, one can not file for an appeal]," Ursua said. In acquitting Smith, the CA’s Special Eleventh Division noted that no evidence was introduced to show that "force, threat and intimidation" were used against Nicole "even as prosecution vainly tried to highlight her supposed intoxication and alleged unconsciousness at the time of the sexual act" Ursua said that although the decision did not surprise her, she was not agreeable to it. "Knowing the evidence, naninindigan kami na napatunayan beyond reasonable doubt na talagang ginahasa si Nicole ni Daniel Smith [Knowing the evidence, we strongly believe that we were able to prove beyond reasonable doubt that Smith raped Nicole]," she said. She also said that contrary to the claims of CA, the affidavit executed by Nicole last March 12 wherein she changed her statement had influenced the acquittal. - Aie Balagtas See, GMANews.TV