US Marine heard Nicole, Smith 'kissing and moaning'

Testifying on the 23rd birthday of the alleged victim, the last US marine accused in the Subic rape case claimed Friday that the Filipino complainant and Lance Cpl. Daniel Smith were "actively involved" during the sexual act. During his direct examination, Lance Cpl. Dominic Duplantis claimed that he heard the woman and Smith "kissing, moaning" and laughing on the night of Nov. 1, 2005 when the alleged sexual act took place. Duplantis was supposedly seated in front of the couple at that time. Shortly before the incident, Duplantis supposedly saw the woman for the first time at the Neptune Bar inside the Subic Bay Freeport, Zambales. "The first time I saw her, she and Smith were kissing, laughing and having some small talk," Duplantis said. The 21-year-old Duplantis also admitted during the proceedings that he drank 13 bottles of beer that night, dzBB radio reported. The four accused US Marines – Smith, Duplantis, Lance Cpl. Keith Silkwood, Staff Sgt. Chad Brian Carpentier – have maintained that the sexual assault was consensual. As this developed, Judge Benjamin Pozon of Makati regional trial court-Branch 139 expressed plans to render a decision on the case before the first year anniversary of the alleged rape about five weeks from now. Pozon said during the proceedings that, "I plan to render a decision on this case before the anniversary of the commission of the alleged incident." The RP-US Visiting Forces Agreement, forged in 1996, states that a Philippine court will have jurisdiction on a criminal case committed on local soil. The proceedings should be over in a year, or else the Americans will be allowed to leave scot-free. Pozon had ruled that the one-year prescription period, excluding days spent to decide prejudicial issues, began on December 27 last when the case was first filed before an Olongapo court. Surprise Meanwhile, defense lawyers also said they plan to present a "surprise" witness in the coming days. Forensic gynecologist Dr. Teresita Sanchez was supposed to be the defense panel's last witness. She is expected to finish her cross-examination on Monday. Lawyer Ricardo Diaz, counsel for Smith, said they will reveal the identity of the surprise witness also on Monday. What they want to determine first, Diaz said, is if the witness would add weight to their arguments and not merely corroborate their witnesses' earlier claims. Birthday girl The complainant in the Subic rape case said she has two wishes for her 23rd birthday: to obtain justice and to get her life back to normal. She said the incident last November has forced her to change her life dramatically, and she longs for her normal life. Women's groups have identified the victim as Nicole. "What happened has changed my life in a major way. I would like my life to go back to normal. I've been unable to move normally. I wish all this will end," dzBB radio quoted her as saying. While it has yet to accommodate a request to overhaul the prosecution panel, the Justice Department allowed private lawyer Evalyn Ursua to take part in the prosecution of the Subic rape case. 'Active' Justice Secretary Raul Gonzalez issued a memorandum allowing the complainant's private lawyer Evalyn Ursua to "actively take part" in the prosecution's work. "I have instructed the panel to allow her (Ursua) to actively take part in the prosecution work but she will be under their supervision," dzEC radio quoted Gonzalez as saying. He pointed out that while Ursua will "represent" the complainant, she will be "under the direct control and supervision of the government prosecutors." Gonzalez earlier said he will not allow the complainant's private prosecutors to take part in the prosecution of the case because their work is limited to the "civil" aspect of the case.-GMANews.TV