Press Release
March 18, 2009

A slap on RP justice system,' Loren says of Nicole's departure for US

Senator Loren Legarda reiterated her call for the immediate review - and abrogation if necessary -- of the Visiting Forces Agreement (VFA) in the light of the latest twist in Nicole's case.

"America's act of buying Nicole's silence is a precedent. They are bound to do this every time," said Loren as she expressed dismay over Nicole's sudden decision to discontinue her search for justice after she was raped by Lance Corporal Smith in November 2005. "While America keeps its processes intact and its soldiers protected, our morality as a nation is trampled upon, our justice system spat on," she said.

Loren issued the statement following Nicole's reported recantation that effectively and practically cleared Smith of criminal liability despite his conviction by the Makati Regional Trial Court.

Adding insult to injury was the subsequent departure of Nicole for the native land of her oppressor.

"Nicole's decision to espouse the country of her oppressor is, no doubt, a slap on our justice system," Loren said. "And we cannot blame her for her decision because, as we have heard, she is already feeling tired of waiting for justice that will not come.

" Nicole, who hailed from Zamboanga, has issued a "sworn statement" in which she recanted and effectively cleared Smith, before leaving for the United States.

Even Nicole's lawyer, Evalyn Ursua, was caught by surprise, saying she merely learnt of her client's decision through a letter in which she (Nicole) said she was terminating her services as legal counsel.

"I want to hear from Nicole herself the reason for her sudden decision, or what she's feeling now," said Ursua, adding that her client may have ran out of patience.

Loren maintained that the Philippines must pursue its bid to have Nicole's convicted rapist Lance Corporal Smith placed under its custody "so that full justice can be served."

The government has been under fire for its failure to have Smith placed in Philippine jail after his conviction for raping Nicole inside the former Naval Base in Subic, Olongapo in November 2005.

Instead, Smith ended up under American custody inside the US Embassy.

Loren stressed that the Philippines' continued reluctance to work on the immediate transfer of Smith to RP jail undermines the country's utterly sad state of justice system.

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