US should not use Nicole's retraction to spirit out Smith: Chiz

Senator "Chiz" Escudero on Wednesday cautioned the United States not to use the retraction of Suzette Nicolas also known as Nicole as an excuse to spirit out convicted rapist Daniel Smith out of the country.

"Nicole may have recanted but this doesn't mean that Mr. Smith now goes to Washington. And the US government should be advised not to use Nicole's latest true confession to plan his exit out of the country," the senator said in a statement. "Her affidavit is not a boarding pass to freedom. Legal procedures, to which Americans are legendary sticklers to, will have to be followed."

Escudero also said that despite this development, the Visiting Forces Agreement should still be renegotiated because of the onerous provision that allowed the US to hold Smith even after he was convicted for rape by a local court in December 2006.

"I cannot blame Nicole for deciding to settle out of court. But her affidavit will just be treated as a mere scrap of paper unless she affirms it in open court," he pointed out.

"Kawawa at api pa din ang Pilipina sa sariling bansa, paano pa kaya sa labas ng bansa?" asked Escudero.

Nicolas recanted his previous claim that Smith and three other US Marines raped her in Subic Bay Freeport on November 1, 2005. Only Smith was found guilty of rape and sentenced to 40 years in prison.

The Supreme Court has ordered the transfer of Smith from the US embassy to a detention center under the jurisdiction of Philippine authorities until his appeal is decided on by the Court of Appeals.

The opposition senator has supported calls for the abrogation of the agreement, which governs the conduct of US soldiers participating in joint military exercises with Filipino troops in the Philippines.

The Senate is expected to deliberate on the proposed scuttling of the treaty when it resumes sessions in April.