Smith Returned to US Custody
Well, well, It’s not a good Blog-Homecoming today. I just saw on Inq7.net that Smith has been returned to US custody. At last writing, that was the vague question as to what would happen to Smith, who was found guilty of rape of “Nicole”. Smith’s lawyers and apparently the US embassy are arguing that Smith belongs in US custody in accordance with the VFA (Visiting Forces Agreement).
A provision in the agreement says any accused American serviceman shall remain in US custody until all judicial proceedings are exhausted.
But Makati regional trial court Judge Benjamin Pozon, in his ruling, said the provision applies only during “the judicial proceedings in the trial court” and expires upon a defendant’s conviction, regardless of a pending appeal.
I’m sorry, but there has to be more transparency than a mere one liner telling us that “because it violates the VFA, we are releasing him”. Clearly there has been a whole month of arm twisting that has been done, because the courts have sentenced Smith to a Philippine Jail nearly a month ago and the only way that this is happening is through government agencies alone.
This is a fairly new and breaking story, so I will definitely be on top of this one.
The appeals process starts soon enough, and I suspect that ten or fifteen months from now, that the Philippine Court of Appeals will rule that because (a) “Nicole” was in control of her senses and that she willingly entered the van; (b) “Nicole” had been in control of her senses for the many hours where “Nicole” willingly consorted with (the hugging and groping and other sexually-oriented actions from) Marine Smith; (c) “Nicole’s” face, arms, body was not bruised to suggest physical intimidation from Smith when they were in the van… that the Philippine Court of Appeals will agree with Smith’s claim that he had no intention to commit rape and that the sex was consensual.
UPN Student, I think you may be correct in this assumption…
Though I wish it not to happen.