Smith’s quick acquittal makes Zubiri think twice about VFA

MANILA, Philippines — The quick acquittal and flight of US Marine Daniel Smith has prompted a Malacañang ally to think twice about supporting the RP-US Visiting Forces Agreement. Senate Majority Leader Juan Miguel Zubiri said Saturday he was disgusted and appalled over the latest developments. “What makes it all worse is how quick they shuttled Daniel Smith out of the country without having to go through the clearing procedures of the court. It made me think twice my position on the Visiting Forces Agreement (VFA)," Zubiri said in a press statement posted on the Senate website (www.senate.gov.ph). The VFA, ratified in 1999, governs the conduct of visiting US forces while on joint military exercises in the Philippines. Zubiri is secretary-general of the Lakas party, which is allied with President Arroyo’s Kabalikat ng Malayang Pilipino (Kampi). In December 2006, a Makati court found Smith guilty of raping a Filipino woman, Suzette Nicolas, alias “Nicole," in November 2005. But last Thursday, the Court of Appeals acquitted Smith, a month after Nicole executed an affidavit expressing doubts that she was raped at all. Less than 24 hours after the acquittal was announced, Smith was brought out of the Philippines, without the knowledge of the Department of Interior and Local government as well as the Bureau of Immigration. ‘Mocker of justice system’ “I am totally disgusted with the outcome of this case," Zubiri said. He said he felt sorry for the Filipino women who have been fighting against the abuse of their rights, adding he believes the complainant retracted “due to pressure from powerful and influential people." Zubiri also said this was a “mockery of our justice system," as he was hoping that the CA would uphold the ruling of the lower court finding Smith guilty of raping the woman. “I truly believe that when the victim had sex inside a vehicle with four other men around her, that she was not doing this in her own free will. No rightful-thinking woman would agree to such act and that I was rooting for Nicole (the complainant’s nickname) from the very beginning to win the case. So, imagine my dismay when Nicole recanted and my disgust at the ruling of the CA and the quickness of how it resolved the case. How I wish that all the cases in the CA would be resolved that quickly!" he said. But Malacañang, amid calls by critics to pursue the matter, insisted Saturday there is nothing more to do now that Smith has left the country. Press Secretary Cerge Remonde said Smith is now a free man, and there is no more reason for the Philippine government to go after him. “When that decision dismissing the case against Smith and the decision ... was promulgated, Smith became a free man. As such a free man, wala na tayong hold sa kanya (we have no more hold on him)," he said on government-run dzRB radio. He said that under Philippine laws, once an accused is acquitted and the acquittal is final and executory that accused can no longer be detained one minute longer. - GMANews.TV