Senators, Nicole camp want Smith in RP custody

The private counsel of the 23-year-old complainant in the Subic rape case and Philippine senators on Monday called upon the Arroyo government to insist on assuming custody over an American serviceman convicted of the crime. Lawyer Evalyn Ursua, counsel of the victim "Nicole," and Sen. Francis Pangilinan said in separate statements that the Philippines should keep Lance Corporal Daniel Smith under its supervision. Ursua said it was only fair that the Philippines maintain "ultimate custody" over Smith under the Visiting Forces Agreement, which the country signed with the American government. Pozon's decision, Ursua said, in effect showed that Smith should stay with Philippine authorities because a local court handled his case. For his part, Pangilinan told GMANews.TV concerned government agencies should "aggressively assert custody over Smith" and not give the US government the final say on where he should serve his jail term. The Makati regional trial court found Smith guilty of raping "Nicole" and sentenced him to reclusion perpetua. Three other American soldiers were acquitted. Fair judgement Pangilinan was confident Judge Benjamin Pozon's decision was "based on facts and laws." "Maybe the prosecution failed to prove the allegation of conspiracy among the four accused. I believe his decision was based on facts and laws," he said when asked to comment on the "not guilty" verdict on the three American servicemen. Senator Rodolfo Biazon said the issue of Smith's detention would now be the next test to the Visiting Forces Agreement between the Philippine and American government. Biazon noted that Article 5 paragraph 10 of the VFA mandates that Philippine and US authorities should agree on where a convicted American citizen would be detained once a ruling is handed down by the courts. Pozon said that pending determination where Smith should be confined, he should first be detained at the Makati city jail. Inmate care Senator Ralph Recto called on jail officials to ensure that "no harm should befall on Daniel Smith because if something bad will happen to him, the pendulum swing of public sympathy will shift to him and away from Nicole." He warned that if Smith is not treated properly, "one billion will soon be watching his mother bawling over the plight of his son in Oprah." Senator Richard Gordon said Smith's conviction showed that "no one is above the law." He congratulated "Nicole" for standing by her accusations against the US servicemen and for believing that she would get justice in the country's criminal justice system. For her part, Sen. Pia Cayetano said: "This is a triumph of the Philippine justice system and the Filipino people as a whole. Nicole's case is not only assertion of women's rights but also of Philippine independence." Senator Sergio Osmeña III told GMANews.TV the "guilty" verdict on Smith was correct. "Who cares what the Americans think. If their personnel rape our sisters, they go to jail. In the very same manner that any Filipino who violates the laws in America deserves to be jailed," Osmeña said. - with a report from Joan Dairo, GMANews.TV