Smith may still face US court martial

By Abigail Kwok, Veronica Uy
INQUIRER.net
First Posted 12:57:00 04/24/2009


MANILA, Philippines—(UPDATE 2) The US Marine acquitted on appeal in a
high-profile rape case has left the Philippines, but he could face
court martial in the US, officials said.

"Following the decision of the Philippine Court of Appeals, Daniel
Smith departed the Philippines under the authority of United States
military officials," the US embassy said in a statement.

Calling the rape case "long and difficult," the US embassy said Smith
was detained for more than three years in its premises in compliance
with the Visiting Forces Agreement, which governs the conduct of US
troops in the Philippines.

The mission served as Smith's custodian while the case went on appeal.

The appellate court on Thursday found Lance Corporal Daniel Smith not
guilty of raping a Filipina in the Subic Bay Freeport in November
2005, overturning a sentence of life imprisonment handed down by a
lower court in December 2006.

"This has been a difficult and emotional case for all involved,
especially their families and loved ones. We hope that the parties can
now move on with their lives," the embassy said.

In a statement, DILG Undersecretary Marius Corpus said Smith could
still face court martial just like his three co-accused, who were all
subsequently acquitted by the Makati regional trial court.

"Smith may soon be a free man, but his legal ordeal may not be over
yet since he may still have to deal with the court martial," Corpus
said.

US Marine Staff Sergeant Chad Carpentier, who like Smith belonged to
the 31st Marine Expeditionary Force, was dishonorably discharged,
while Lance Corporals Keith Silkwood and Dominic Duplantis were less
than honorably discharged.

Outside the US embassy, police blocked small groups of protesters who
denounced the appeal court's ruling and demanded that Manila cut
military ties with Washington, its former colonial master, Agence
France-Presse photographers at the scene said.

The appeals court ruled that "no evidence was presented to show force,
threat and intimidation applied by the accused" on the woman.

The woman had alleged that Smith sexually assaulted her in a van while
in the company of other US Marines.

Smith insisted the sex was consensual.

Last month, the woman issued a statement casting doubt on her earlier
testimony.

Smith met the woman in a bar in the port of Subic, after taking part
in joint US-Philippine military exercises.

The woman is reported to have left the Philippines for the United
States, where show now lives with an American boyfriend whom she met
after the alleged rape. With Agence France-Presse
.

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