US gov't keeping hands off on 'Nicole' case development
Saying that it is a legal matter, the US government is keeping its hands off the decision of Subic rape case victim, Nicole, to recant her accusation against US Marine Lance Corporal Daniel Smith.
In the meantime though, Smith will still have to be detained at the US Embassy in Manila even with Nicole’s affidavit clearing him of the crime of rape, said US Ambassador to the Philippines, Kristie Kenney, who yesterday visited a local school to check on a US Peace Corps volunteer work on education.
Kenney also downplayed the implication of Nicole’s recantation on the VFA.
“I think we’ll have to see; there’s obviously a pending legal case, and we’ll see what happens next,” Kenney told reporters here yesterday, answering a query on whether the US government will ask for the dismissal of the case against Smith now pending with the Court of Appeals.
At the same time, Kenney impliedly doused speculations that the immigrant visa granted to Nicole was part of a deal to settle the case against Smith.
“I don’t Nicole. So I don’t know much of her statement beyond what I’ve read in the paper,” she said.
Kenney said that “Corporal Smith is still in the US Embassy compound in detention as per the Visiting Forces Agreement” pending negotiations with the Philippine government on the serviceman’s custody.
This is despite the Supreme Court ruling that the continued detention of Smith in the US Embassy premises is not in accordance with the VFA, which requires for custody by Philippine authorities. The decision is not yet final.
Kenney explained that there has been a motion for reconsideration filed against the decision, “so it doesn’t take effect yet,” and that the US government will begin discussions with the Philippine government on Smith’s custody once the SC ruling becomes final.
“Adhering to the law is what we do,” she stressed.
Likewise, Kenney defended the VFA amidst calls for its terminal, and in the light of developments regarding Smith.
“The VFA is the legal framework under which we do all of these, to include the humanitarian relief we did here last June 2008. And so, I think you want to consider that, in many ways, that’s what has enabled all of us to move forward with this case; and that’s the reason Lance Corporal Smith is still in the US Embassy ground,” she said, adding that the Agreement has been very useful for both the US and the Philippine governments in the case involving the American serviceman.
Asked if the affidavit of Nicole would have an effect on the calls to terminate the controversial VFA, Kenny answered, “No. the VFA is an agreement we have with the Philippines for our security, and we take our obligation seriously.”